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NORTH CAROLINA
REGISTER
Volume 20, Issue 07
Pages 426 - 597
October 3, 2005
This issue contains documents officially filed
through September 12, 2005.
Office of Administrative Hearings
Rules Division
424 North Blount Street (27601)
6714 Mail Service Center
Raleigh, NC 27699-6714
(919) 733-2678
FAX (919) 733-3462
Julian Mann III, Director
Camille Winston, Deputy Director
Molly Masich, Director of APA Services
Dana Sholes, Publication Coordinator
Linda Dupree, Editorial Assistant
Julie Brincefield, Editorial Assistant
IN THIS ISSUE
I. EXECUTIVE ORDERS
Executive Orders 81-89........................................432 - 447
II. IN ADDITION
DHHS-Social Services-Notice of Date Change .......426
For Public Hearing
DENR – Coastal Management – Notice of Date......427
Change for Public Hearing
Summary of Notice of Intent to Redevelop A
Brownfields Property
New Standard Corporation ...................................428
River Ventures, LLC............................................429
Notice of Application for Innovative Approval .......430
Of a Wastewater System
Public Notice of Rulemaking by the Industrial........431
Commission
III. PROPOSED RULES
Administration .......................................................445 - 454
Environment and Natural Resources
Environmental Management Commission ...........484 – 552
Radiation Protection Commission........................552 - 567
Health and Human Services
Child Care Commission .......................................454 – 477
Medical Care Commission ...................................477 – 484
State Personnel
State Personnel Commission ................................567 - 571
IV. EMERGENCY RULES
Labor
Mine and Quarry Division....................................572
Elevator and Amusement Division.......................573
V. RULES REVIEW COMMISSION.......................574 - 585
VI. CONTESTED CASE DECISIONS
Index to ALJ Decisions............................................586 - 589
Text of Selected Decisions
04 DST 2069 ........................................................590 – 597
For the CUMULATIVE INDEX to the NC Register go to:
http://reports.oah.state.nc.us/cumulativeIndex.pl
North Carolina Register is published semi-monthly for $195 per year by the Office of Administrative Hearings, 424 North Blount Street, Raleigh, NC
27601. North Carolina Register (ISSN 15200604) to mail at Periodicals Rates is paid at Raleigh, NC. POSTMASTER: Send Address changes to
the North Carolina Register, 6714 Mail Service Center, Raleigh, NC 27699-6714.
NORTH CAROLINA ADMINISTRATIVE CODE CLASSIFICATION SYSTEM
The North Carolina Administrative Code (NCAC) has four major classifications of rules. Three of these, titles, chapters, and sections are
mandatory. The major classification of the NCAC is the title. Each major department in the North Carolina executive branch of
government has been assigned a title number. Titles are further broken down into chapters which shall be numerical in order.
Subchapters are optional classifications to be used by agencies when appropriate.
NCAC TITLES TITLE 21
LICENSING BOARDS
TITLE 24
INDEPENDENT AGENCIES
1 ADMINISTRATION
2 AGRICULTURE & CONSUMER SERVICES
3 AUDITOR
4 COMMERCE
5 CORRECTION
6 COUNCIL OF STATE
7 CULTURAL RESOURCES
8 ELECTIONS
9 GOVERNOR
10A HEALTH AND HUMAN SERVICES
11 INSURANCE
12 JUSTICE
13 LABOR
14A CRIME CONTROL & PUBLIC SAFETY
15A ENVIRONMENT &NATURAL RESOURCES
16 PUBLIC EDUCATION
17 REVENUE
18 SECRETARY OF STATE
19A TRANSPORTATION
20 TREASURER
21* OCCUPATIONAL LICENSING BOARDS
22 ADMINISTRATIVE PROCEDURES
(REPEALED)
23 COMMUNITY COLLEGES
24* INDEPENDENT AGENCIES
25 STATE PERSONNEL
26 ADMINISTRATIVE HEARINGS
27 NC STATE BAR
28 JUVENILE JUSTICE AND DELINQUENCY
PREVENTION
1 Acupuncture
2 Architecture
3 Athletic Trainer Examiners
4 Auctioneers
6 Barber Examiners
8 Certified Public Accountant Examiners
10 Chiropractic Examiners
11 Employee Assistance Professionals
12 General Contractors
14 Cosmetic Art Examiners
16 Dental Examiners
17 Dietetics/Nutrition
18 Electrical Contractors
19 Electrolysis
20 Foresters
21 Geologists
22 Hearing Aid Dealers and Fitters
25 Interpreter/Transliterator
26 Landscape Architects
28 Landscape Contractors
29 Locksmith Licensing
30 Massage & Bodywork Therapy
31 Marital and Family Therapy
32 Medical Examiners
33 Midwifery Joint Committee
34 Funeral Service
36 Nursing
37 Nursing Home Administrators
38 Occupational Therapists
40 Opticians
42 Optometry
44 Osteopathic Examination (Repealed)
45 Pastoral Counselors, Fee-Based Practicing
46 Pharmacy
48 Physical Therapy Examiners
50 Plumbing, Heating & Fire Sprinkler
Contractors
52 Podiatry Examiners
53 Professional Counselors
54 Psychology
56 Professional Engineers & Land Surveyors
57 Real Estate Appraisal
58 Real Estate Commission
60 Refrigeration Examiners
61 Respiratory Care
62 Sanitarian Examiners
63 Social Work Certification
64 Speech & Language Pathologists &
Audiologists
65 Therapeutic Recreation Certification
66 Veterinary Medical
68 Substance Abuse Professionals
69 Soil Scientists
1 Housing Finance
2 Agricultural Finance Authority
3 Safety & Health Review
Board
4 Reserved
5 State Health Plan Purchasing
Alliance Board
Note: Title 21 contains the chapters of the various occupational licensing boards and Title 24 contains the chapters of independent agencies.
NORTH CAROLINA REGISTER
Publication Schedule for January 2005 – December 2005
FILING DEADLINES NOTICE OF TEXT PERMANENT RULE TEMPORARY
RULES
Volume &
issue
number
Issue date Last day
for filing
Earliest date for
public hearing
End of required
comment
period
Deadline to submit
to RRC
for review at
next meeting
Earliest Eff.
Date of
Permanent Rule
Delayed Eff. Date of
Permanent Rule
(first legislative
day of the next
regular session)
270th day from publication
in the Register
19:13 01/03/05 12/08/04 01/18/05 03/04/05 03/21/05 05/01/05 05/06 09/30/05
19:14 01/18/05 12/22/04 02/02/05 03/21/05 04/20/05 06/01/05 05/06 10/15/05
19:15 02/01/05 01/10/05 02/16/05 04/04/05 04/20/05 06/01/05 05/06 10/29/05
19:16 02/15/05 01/25/05 03/02/05 04/18/05 04/20/05 06/01/05 05/06 11/12/05
19:17 03/01/05 02/08/05 03/16/05 05/02/05 05/20/05 07/01/05 05/06 11/26/05
19:18 03/15/05 02/22/05 03/30/05 05/16/05 05/20/05 07/01/05 05/06 12/10/05
19:19 04/01/05 03/10/05 04/16/05 05/31/05 06/20/05 08/01/05 05/06 12/27/05
19:20 04/15/05 03/24/05 04/30/05 06/14/05 06/20/05 08/01/05 05/06 01/10/06
19:21 05/02/05 04/11/05 05/17/05 07/01/05 07/20/05 09/01/05 05/06 01/27/06
19:22 05/16/05 04/25/05 05/31/05 07/15/05 07/20/05 09/01/05 05/06 02/10/06
19:23 06/01/05 05/10/05 06/16/05 08/01/05 08/22/05 10/01/05 05/06 02/26/06
19:24 06/15/05 05/24/05 06/30/05 08/15/05 08/22/05 10/01/05 05/06 03/12/06
20:01 07/01/05 06/10/05 07/16/05 08/30/05 09/20/05 11/01/05 05/06 03/28/06
20:02 07/15/05 06/23/05 07/30/05 09/13/05 09/20/05 11/01/05 05/06 04/11/06
20:03 08/01/05 07/11/05 08/16/05 09/30/05 10/20/05 12/01/05 05/06 04/28/06
20:04 08/15/05 07/25/05 08/30/05 10/14/05 10/20/05 12/01/05 05/06 05/12/06
20:05 09/01/05 08/11/05 09/16/05 10/31/05 11/21/05 01/01/06 05/06 05/29/06
20:06 09/15/05 08/25/05 09/30/05 11/14/05 11/21/05 01/01/06 05/06 06/12/06
20:07 10/03/05 09/12/05 10/18/05 12/02/05 12/20/05 02/01/06 05/06 06/30/06
20:08 10/17/05 09/26/05 11/01/05 12/16/05 12/20/05 02/01/06 05/06 07/14/06
20:09 11/01/05 10/11/05 11/16/05 01/03/06 01/20/06 03/01/06 05/06 07/29/06
20:10 11/15/05 10/24/05 11/30/05 01/17/06 01/20/06 03/01/06 05/06 08/12/06
20:11 12/01/05 11/07/05 12/16/05 01/30/06 02/20/06 04/01/06 05/06 08/28/06
20:12 12/15/05 11/22/05 12/30/05 02/13/06 02/20/06 04/01/06 05/06 09/11/06
EXPLANATION OF THE PUBLICATION SCHEDULE
This Publication Schedule is prepared by the Office of Administrative Hearings as a public service and the computation of time periods are not to be deemed binding or controlling.
Time is computed according to 26 NCAC 2C .0302 and the Rules of Civil Procedure, Rule 6.
GENERAL
The North Carolina Register shall be published twice
a month and contains the following information
submitted for publication by a state agency:
(1) temporary rules;
(2) notices of rule-making proceedings;
(3) text of proposed rules;
(4) text of permanent rules approved by the Rules
Review Commission;
(5) notices of receipt of a petition for municipal
incorporation, as required by G.S. 120-165;
(6) Executive Orders of the Governor;
(7) final decision letters from the U.S. Attorney
General concerning changes in laws affecting
voting in a jurisdiction subject of Section 5 of
the Voting Rights Act of 1965, as required by
G.S. 120-30.9H;
(8) orders of the Tax Review Board issued under
G.S. 105-241.2; and
(9) other information the Codifier of Rules
determines to be helpful to the public.
COMPUTING TIME: In computing time in the
schedule, the day of publication of the North Carolina
Register is not included. The last day of the period so
computed is included, unless it is a Saturday, Sunday,
or State holiday, in which event the period runs until
the preceding day which is not a Saturday, Sunday, or
State holiday.
FILING DEADLINES
ISSUE DATE: The Register is published on the first
and fifteen of each month if the first or fifteenth of
the month is not a Saturday, Sunday, or State holiday
for employees mandated by the State Personnel
Commission. If the first or fifteenth of any month is
a Saturday, Sunday, or a holiday for State employees,
the North Carolina Register issue for that day will be
published on the day of that month after the first or
fifteenth that is not a Saturday, Sunday, or holiday for
State employees.
LAST DAY FOR FILING: The last day for filing for any
issue is 15 days before the issue date excluding
Saturdays, Sundays, and holidays for State
employees.
NOTICE OF TEXT
EARLIEST DATE FOR PUBLIC HEARING: The hearing
date shall be at least 15 days after the date a notice of
the hearing is published.
END OF REQUIRED COMMENT PERIOD
An agency shall accept comments on the text of a
proposed rule for at least 60 days after the text is
published or until the date of any public hearings held
on the proposed rule, whichever is longer.
DEADLINE TO SUBMIT TO THE RULES REVIEW
COMMISSION: The Commission shall review a rule
submitted to it on or before the twentieth of a month
by the last day of the next month.
FIRST LEGISLATIVE DAY OF THE NEXT REGULAR
SESSION OF THE GENERAL ASSEMBLY: This date is
the first legislative day of the next regular session of
the General Assembly following approval of the rule
by the Rules Review Commission. See G.S. 150B-
21.3, Effective date of rules.
IN ADDITION
20:07 NORTH CAROLINA REGISTER October 3, 2005
426
Note from the Codifier: This Section contains public notices that are required to be published in the Register or have been
approved by the Codifier of Rules for publication.
NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES
DIVISION OF SOCIAL SERVICES
SOCIAL SERVICES COMMISSION
NOTICE OF DATE CHANGE FOR PUBLIC HEARING
Due to the Annual Social Services Institute Conference being held October 10-14, 2005, the NC Social Services Commission changed
the October 12th meeting to October 19, 2005, at 10:00a.m., in the Albemarle building on the 8th floor, located at 325 North Salisbury
Street, Raleigh, North Carolina.
This date change affects the public hearing date for Division of Social Services-Contract Services rules: 10A NCAC 67B .0201-0204;
.0301-0302; .0401-0404; and .0501-.0505. This public hearing date is noted in the NC Register, Volume 20, Issue 05, pages 244-246.
The new date of the public hearing for these rules will be determined at the October 19, 2005 Social Services Commission meeting.
The public hearing date will be announced in the NC Register published November 1, 2005.
IN ADDITION
20:07 NORTH CAROLINA REGISTER October 3, 2005
427
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
NOTICE OF DATE CHANGE FOR PUBLIC HEARING
The public hearing for the proposed amendments of 15A NCAC 07B .0801-.0802 and .0901, 07H .0207 and .0308, as published on
pages 186-194 of the August 15, 2005 issue of the Register, has been rescheduled as follows:
Date: November 17, 2005
Time: 5:00 p.m.
Location: Blockade Runner, 275 Waynick Blvd., Wrightsville Beach, NC 28480
IN ADDITION
20:07 NORTH CAROLINA REGISTER October 3, 2005
428
SUMMARY OF NOTICE OF
INTENT TO REDEVELOP A BROWNFIELDS PROPERTY
New Standard Corporation
Pursuant to N.C.G.S. § 130A-310.34, New Standard Corporation has filed with the North Carolina Department of
Environment and Natural Resources (“DENR”) a Notice of Intent to Redevelop a Brownfields Property (“Property”) in Rocky Mount,
Nash County, North Carolina. The Property, which is known as the former Fontaine 5th Wheel site, consists of approximately five (5)
acres at 3883 South Church Street. Environmental contamination exists on the Property in the soil and groundwater. New Standard
Corporation has committed itself to redevelopment for no uses other than metal stamping, powder coating, finishing, fabrication and
assembly operations, and front office, warehousing and shipping operations associated with the foregoing. The Notice of Intent to
Redevelop a Brownfields Property includes: (1) a proposed Brownfields Agreement between DENR and New Standard Corporation,
which in turn includes (a) a map showing the location of the Property, (b) a description of the contaminants involved and their
concentrations in the media of the Property, (c) the above-stated description of the intended future use of the Property, and (d)
proposed investigation and remediation; and (2) a proposed Notice of Brownfields Property prepared in accordance with G.S. 130A-
310.35.
The full Notice of Intent to Redevelop a Brownfields Property may be reviewed at the Braswell Memorial Library, 727 North
Grace Street, Rocky Mount, NC 27804 by contacting Brenda Green at that address or at (252) 442-1951, extension 245; or at 401
Oberlin Rd., Raleigh, NC 27605 by contacting Shirley Liggins at that address, at shirley.liggins@ncmail.net, or at (919) 508-8411,
where DENR will provide auxiliary aids and services for persons with disabilities who wish to review the documents.
Written public comments may be submitted to DENR within 60 days after the date this Notice is published in a newspaper of
general circulation serving the area in which the brownfields property is located, or in the North Carolina Register, whichever is later.
Written requests for a public meeting may be submitted to DENR within 30 days after the period for written public comments begins.
Thus, if New Standard Corporation, as it plans, publishes this Summary in the North Carolina Register after it publishes the Summary
in a newspaper of general circulation serving the area in which the brownfields property is located, and if it effects publication of this
Summary in the North Carolina Register on the date it expects to do so, the periods for submitting written requests for a public
meeting regarding this project and for submitting written public comments will commence on October 4, 2005. All such comments
and requests should be addressed as follows:
Mr. Bruce Nicholson
Brownfields Program Manager
Division of Waste Management
NC Department of Environment and Natural Resources
401 Oberlin Road, Suite 150
Raleigh, North Carolina 27605
IN ADDITION
20:07 NORTH CAROLINA REGISTER October 3, 2005
429
SUMMARY OF NOTICE OF
INTENT TO REDEVELOP A BROWNFIELDS PROPERTY
River Ventures, LLC
Pursuant to N.C.G.S. § 130A-310.34, River Ventures, LLC has filed with the North Carolina Department of Environment and
Natural Resources (“DENR”) a Notice of Intent to Redevelop a Brownfields Property (“Property”) in Wilmington, New Hanover
County, North Carolina. The Property, formerly a portion of an Almont Shipping Company site, consists of 7.48 acres and is located
at the intersection of Harnett and Front Streets. It is bordered to the north by Harnett Street, across which lies an earthen bermed area
that surrounded the former CSX Railroad (diesel fuel) tank farm; to the south and west by the remainder of the Almont Shipping
property; and to the east by Front Street, across which lies a Cape Fear Community College parking lot.
River Ventures, LLC has committed itself to commercial use of the Property, including but not necessarily limited to office
space and retail establishments, including restaurants. The Notice of Intent to Redevelop a Brownfields Property includes: (1) a
proposed Brownfields Agreement between DENR and River Ventures, LLC, which in turn includes (a) a map showing the location of
the Property, (b) a description of the contaminants involved and their concentrations in the media of the Property, (c) the above-stated
description of the intended future use of the Property, and (d) proposed investigation and remediation; and (2) a proposed Notice of
Brownfields Property prepared in accordance with G.S. 130A-310.35. The full Notice of Intent to Redevelop a Brownfields Property
may be reviewed at the New Hanover County Public Library, 201 Chestnut Street, Wilmington, NC 28401, by contacting Mr. Robert
Cox, Reference Supervisor, at that address, at (910) 798-6301 or at rcox@nhcgov.com, or at 401 Oberlin Rd., Raleigh, NC 27605,
where DENR will provide auxiliary aids and services for persons with disabilities who wish to review the documents, by contacting
Shirley Liggins at that address, at (919) 508-8411 or at shirley.liggins@ncmail.net. Written public comments may be submitted to
DENR within 60 days after the date this Notice is published in a newspaper of general circulation serving the area in which the
brownfields property is located, or in the North Carolina Register, whichever is later.
Written requests for a public meeting may be submitted to DENR within 30 days after the period for written public comments
begins. All such comments and requests should be addressed as follows:
Mr. Bruce Nicholson
Brownfields Program Manager
Division of Waste Management
NC Department of Environment and Natural Resources
401 Oberlin Road, Suite 150
Raleigh, North Carolina 27605
Deadline to request public meeting: Nov. 2, 2005
Deadline to submit comments: Dec. 2, 2005
IN ADDITION
20:07 NORTH CAROLINA REGISTER October 3, 2005
430
Notice of Application for Innovative Approval of a Wastewater System for On-site Subsurface Use
Pursuant to NCGS 130A-343(g), the North Carolina Department of Environment and Natural Resources (DENR) shall publish a
Notice in the NC Register that a manufacturer has submitted a request for approval of a wastewater system, component, or device for
on-site subsurface use. The following applications have been submitted to DENR:
Application by: Robert E. Mayer, P.E.
American Manufacturing Company, Inc.
P.O. Box 549
Manassas, VA 20108-0549
800-345-3132
For: Revised Innovative Approval for "American Perc-Rite" Subsurface drip wastewater dispersal system
And:
Application by Carl Thompson
Infiltrator System, Inc.
P.O. Box 768
Old Saybrook, CT 06475
800-221-4436
For: Revised Innovative Approval for “Infiltrator” chambered subsurface wastewater systems
DENR Contact: Dr. Robert Uebler
1-252-946-6481
FAX 252-975-3716
bob.uebler@ncmail.net
These applications may be reviewed by contacting the applicant or at 2728 Capital Blvd., Raleigh, NC, On-Site Wastewater Section,
Division of Environmental Health. Draft proposed innovative approvals and proposed final action on the application by DENR can be
viewed on the On-Site Wastewater Section web site: www.deh.enr.state.nc/oww/.
Written public comments may be submitted to DENR within 30 days of the date of the Notice publication in the North Carolina
Register. All written comments should be submitted to Mr. Andy Adams, Chief, On-site Wastewater Section, 1642 Mail Service
Center, Raleigh, NC 27699-1642, or andy.adams@ncmail.net, or Fax 919.715.3227. Written comments received by DENR in
accordance with this Notice will be taken into consideration before a final agency decision is made on the innovative subsurface
wastewater system application.
IN ADDITION
20:07 NORTH CAROLINA REGISTER October 3, 2005
431
PUBLIC NOTICE OF RULE-MAKING BY THE
NORTH CAROLINA INDUSTRIAL COMMISSION
CONCERNING ESTABLISHMENT OF FEE SCHEDULE FOR FILING AND REVIEW OF
FORM 21 AND 26 AGREEMENTS IN Workers’ Compensation Cases
NOTICE IS HEREBY GIVEN that, pursuant to N.C. Gen. Stat. §97-73, the North Carolina Industrial Commission will hold a public
hearing on the establishment of the following fee:
Filing and review of Form 21 or 26 agreement $125.00
The Commission is proposing to promulgate by rule Minutes adopted on August 24, 2005. The Commission solicits oral and written
comments of all interested persons, firms, and organizations wishing to comment concerning any aspect of the proposed fee.
SUCH PUBLIC HEARING will be held on October 18, 2005, beginning at 9:30 a.m. in the Industrial Commission Hearing Room,
second floor, Room 2173, Dobbs Building, 430 N. Salisbury Street, Raleigh, NC, during which the Commission will hear the verbal
comments of persons scheduled to speak. Those desiring to make an oral presentation, not to exceed 10 minutes in length, should
submit a request on or before October 11, 2005. Speakers at the public hearing are encouraged to prepare a written summary of
remarks for the use of the Commission.
WRITTEN COMMENTS, REQUESTS FOR A COPY OF THE PROPOSED FEE SCHEDULE AND REQUESTS FOR ORAL
PRESENTATIONS SHOULD BE ADDRESSED TO MS. CHRYSTINA KESLER, 4340 MAIL SERVICE CENTER, RALEIGH,
NC 27699-4340, OR MADE BY TELEPHONE CALL TO MS. CHRYSTINA KESLER AT (919) 807-2510. COPIES OF THE
PROPOSED FEE SCHEDULE MAY ALSO BE OBTAINED ON THE INDUSTRIAL COMMISSION’S WEBSITE:
http://www.comp.state.nc.us/ncichome.htm.
WRITTEN COMMENTS SHOULD BE FAXED TO (919) 715-0283 OR MAILED TO 4340 MAIL SERVICE CENTER,
RALEIGH, NC 27699-4340 NO LATER THAN NOVEMBER 18, 2005.
THIS THE 12TH DAY OF SEPTEMBER, 2005.
_____________________________
BUCK LATTIMORE, CHAIRMAN
EXECUTIVE ORDERS
20:07 NORTH CAROLINA REGISTER October 3, 2005
432
EXECUTIVE ORDER NO. 81
EMERGENCY RELIEF FOR DAMAGE
CAUSED BY HURRICANE KATRINA
WHEREAS, the Governors of Florida, Mississippi, Alabama and Louisiana have proclaimed that a State of Emergency and
a State of Disaster exists in these states due to Hurricane Katrina and thereby, have requested that States, through which property
carrying vehicles regulated by size and weight laws, allow exemptions of said laws when vehicles traveling through such states are
bearing equipment and supplies to provide relief to the disaster stricken areas in the above States; and;
WHEREAS, under the provisions of N.C.G.S. §§ 166A-4 and 166A-6(c)(3) the Governor of North Carolina, with the
concurrence of the Council of State, may regulate and control the flow of vehicular traffic and the operation of transportation services;
and
WHEREAS, with the concurrence of the Council of State, I have found that vehicles bearing equipment and supplies to
relieve Florida, Mississippi, Alabama and Louisiana��s grief stricken areas must adhere to the registration requirements of N.C.G.S. ��
20-86.1 and N.C.G.S. § 20-382, fuel tax requirements of N.C.G.S. § 105-449.47, and the size and weight requirements of N.C.G.S. §
20-116 and N.C.G.S. § 20-118; I have further found that citizens in those states have suffered losses and, the imminent threat of
further widespread damage within the meaning of N.C.G.S. § 166-A-4(3) will occur,
NOW, THEREFORE, pursuant to the authority vested in me as Governor by the Constitution and the laws of the State of
North Carolina, and with the concurrence of the Council of State, IT IS ORDERED;
Section 1. The Department of Crime Control & Public Safety in conjunction with the N.C. Department of Transportation
shall waive certain size and weight restrictions and penalties therefore arising under N.C.G.S. § 20-116 and N.C.G.S. § 20-118 and
certain registration requirements and penalties therefore arising under N.C.G.S. §§ 20-86.1,20-382,105-449.47 and 105-449.49 for the
vehicles transporting food, fuel, equipment, and supplies along North Carolina��s Interstate roadways en route to Florida, Mississippi,
Alabama and Louisiana’s grief stricken areas.
Section 2. Notwithstanding the waivers set forth above, size and weight restrictions and penalties have not been waived
under the following conditions:
(A) When the vehicle weight exceeds the maximum gross weight criteria established by the manufacturer (GVWR) or
90,000 pounds gross weight, whichever is less.
(B) When the tandem axle weight exceeds 42,000 pounds and the single axle weight exceeds 22,000 pounds.
(C) When a vehicle/vehicle combination exceeds 12 feet in width and a total overall vehicle combination length 75 feet
from bumper to bumper.
Section 3. Vehicles referenced under Section 1 shall be exempt from the following registration and fee requirements:
(A) The $50.00 fee listed in N.C.G.S. § 105-449.49 for a temporary trip permit is waived for the vehicles described
above. No quarterly fuel tax is required because the exception in N.C.G.S. §105-449.45(a)(1) applies.
(B) The registration requirements under N.C.G.S. § 20-382 concerning intrastate and interstate for-hire authority is
waived; however, vehicles shall maintain the required limits of insurance as required.
(C) Non-participants in North Carolina’s International Registration Plan will be permitted into North Carolina in
accordance with the exemptions identified by this Executive Order.
(D) The $200.00 fee listed in N.C.G.S. § 20-119 for an annual permit to transport mobile homes only applies to mobile
homes being transported under contract with the Federal Emergency Management Agency (FEMA) as part of the
disaster relief effort. Transporters moving mobile homes under this section are exempted from the requirement to
enter Weigh Stations as required under N.C.G.S. § 20-118.1. However, these same transporters shall have in the
transport vehicle a copy of the Transport Authorization letter from FEMA, the annual permit from the North
Carolina Department of Transportation and the manufacturer’s bill of laden for the mobile home being transported.
This does not exempt transporters from the requirements of the regulations regarding escorts, flags, signs and other
safety requirements
EXECUTIVE ORDERS
20:07 NORTH CAROLINA REGISTER October 3, 2005
433
Section 4. The size and weight exemption for vehicles will be allowed on all North Carolina Interstate only.
Section 5. The waiver of regulations under 49 CFR (Federal Motor Carrier Safety Regulations) issued by the states of
Florida, Mississippi, Alabama and Louisiana does not apply to the CDL and Insurance Requirements. This waiver shall be in effect
for 60 days or the duration of the emergency, whichever is less.
Section 6. The North Carolina State Highway Patrol shall enforce the conditions set forth in Sections 1, 2, and 3 in such a
manner, as to best accomplish the implementation of this rule without endangering the motoring public in North Carolina.
Section 7. Upon request, exempted vehicles will be required to produce identification sufficient to establish that its load will be used
for emergency relief efforts associated with Hurricane Katrina.
This Executive Order is effective immediately and shall remain in effect for sixty (60) days or the duration of the emergency
whichever is less.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Great Seal of the State of North Carolina at the
Capitol in the City of Raleigh this 1st day of September, 2005.
__________________________________________
Michael F. Easley
Governor
ATTEST:
__________________________________________
Elaine F. Marshall
Secretary of State
EXECUTIVE ORDERS
20:07 NORTH CAROLINA REGISTER October 3, 2005
434
EXECUTIVE ORDER NO. 82
PROCLAMATION OF STATE EMERGENCY
DUE TO HURRICANE KATRINA
WHEREAS, I have determined that a State of Emergency, as defined in N.C.G.S.§§ 166A-4(3) and G.S. 14-288.1(10),
exists in the State of North Carolina, as North Carolina conducts humanitarian relief efforts to support the states affected by the
devastation brought about by Hurricane Katrina, which began on August 29, 2005;
WHEREAS, it is anticipated that those affected by the devastation of Hurricane Katrina will need and seek assistance for an
unspecified period of time: and
NOW THEREFORE, pursuant to the authority vested in me as Governor by the Constitution and the law of the State of
North Carolina, IT IS ORDERED:
Section 1. Pursuant to N.C.G.S. §§ 166A-6 and 14-288.15, I, therefore, proclaim the existence of a State of Emergency in
the State of North Carolina.
Section 2. I hereby order all state and local government entities and agencies to cooperate in the implementation of the
provisions of this proclamation and the provisions of the North Carolina Emergency Operations Plan.
Section 3. I hereby delegate to Bryan E. Beatty, Secretary of Crime Control and Public Safety, and/or his designee, all power
and authority granted to me and required of me by Chapter 166A, and Article 36A of Chapter 14 of the General Statutes for the
purpose of implementing the said Emergency Operations Plan and to take such further action as is necessary to promote and secure the
safety and protection of the populace in the State.
Section 4. Further, Bryan E. Beatty, Secretary of Crime Control and Public Safety, as chief coordinating officer for the State
of North Carolina, shall exercise the powers prescribed in N.C.G.S. § 143B-476.
Section 5. I hereby order this proclamation: (a) to be distributed to others as necessary to assure proper implementation of
this proclamation; and, (b) unless the circumstances of the state of emergency prevent or impede, to be promptly filed with the
Secretary of Crime Control and Public Safety, the Secretary of State, and the clerks of superior court in the counties to which it
applies.
Section 6. This proclamation shall become effective immediately and shall continue until it is terminated in writing.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Great Seal of the State of North Carolina at the
Capital in Raleigh this 3rd day of September 2005.
______________________________
MICHAEL F. EASLEY
GOVERNOR
ATTEST:
______________________________
ELAINE F. MARSHALL
SECRETARY OF STATE
EXECUTIVE ORDERS
20:07 NORTH CAROLINA REGISTER October 3, 2005
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EXECUTIVE ORDER NO. 83
JUVENILE JUSTICE PLANNING COMMITTEE
WHEREAS, the Executive Organization Act of 1973 established the Governor’s Crime Commission; and,
WHEREAS, North Carolina General Statute §143B-480, creates the Juvenile Justice Planning Committee as an adjunct
committee to advise the Governor’s Crime Commission on matters referred to it which are relevant to juvenile justice; and
WHEREAS, pursuant to North Carolina General Statute §143B-480, the composition of the Juvenile Justice Planning
Committee shall be designated by the Governor through executive order; and
WHEREAS, the federal Juvenile Justice and Delinquency Act of 1974, as amended, requires states to establish advisory
boards to administer juvenile justice and delinquency prevention grants from the United States Department of Justice; and
WHEREAS, the Juvenile Justice Planning Committee is ideally suited to serve as such an advisory board consistent with
federal law.
NOW, THEREFORE, pursuant to the authority vested in me as Governor by the Constitution and laws of the State of North
Carolina, IT IS ORDERED:
Section 1. Membership Composition
The Juvenile Justice Planning Committee shall consist of no less than 15 and no more than 33 members each appointed by
the Governor and each having training, experience, or special knowledge concerning the prevention and treatment of juvenile
delinquency or the administration of juvenile justice.
The majority of the members, as well as the chair, shall not be full-time employees of federal, state, or local government. At
least one-fifth of the members shall be under the age of twenty-four at the time of appointment and at least three members shall be
currently or have been under the jurisdiction of the juvenile justice system.
The Governor shall appoint at least one representative from the following:
1. Elected officials representing general purpose local government.
2. Representatives of law enforcement and juvenile justice agencies, which may include: a juvenile or family court judge, a
juvenile or local prosecutor, a counsel for children and youth, or a probation worker.
3. Representatives of public agencies concerned with delinquency prevention, which may include: a social services agency, a
mental health agency, a state education agency, a special education program, a recreation program, or a youth services
agency.
4. Private non-profit agencies working with children.
5. Volunteers who work with delinquents or potential delinquents.
6. Youth workers in alternative programs.
7. Programs providing alternatives to suspension and expulsion.
8. Persons with special experience relating to learning disabilities, emotional difficulties, child abuse and neglect, and youth
violence.
9. State or local police departments.
10. Local sheriff’s departments.
11. Private non-profit, victim’s advocacy organizations (guardian ad litem).
12. Non-profit religious or community groups.
Section 2. Terms of Service
The terms of service for the members shall be for two-years provided, however, that the Governor may remove any member at any
time for misfeasance, malfeasance or nonfeasance if necessary and to ensure continued compliance with federal requirements.
Section 3. Chair
The chair of the Juvenile Justice Planning Committee shall be designated by, and shall serve at the pleasure of, the chair of the
Governor’s Crime Commission.
Section 4. Meetings
The Juvenile Justice Planning Committee shall meet upon the call of the chair or upon written request of one-third of its
membership. A majority of the committee shall constitute a quorum for the transaction of business.
Section 5. Administration of Federal Grants
The Juvenile Justice Planning Committee shall serve as North Carolina’s advisory board for purposes of administering juvenile
justice and delinquency prevention grants from the Department of Justice.
Section 6. Duration
This executive order shall be effective immediately and shall remain in effect until rescinded by the Governor.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Great Seal of the State of North Carolina at the Capitol in
Raleigh, this the 7th day of September 2005.
__________________________________________
Michael F. Easley
Governor
ATTEST: __________________________________________
Elaine F. Marshall
Secretary of State
EXECUTIVE ORDERS
20:07 NORTH CAROLINA REGISTER October 3, 2005
436
EXECUTIVE ORDER NO. 84
NORTH CAROLINA EMERGENCY RESPONSE COMMISSION
By the authority vested in me as Governor by the Constitution and laws of the State of North Carolina, IT IS ORDERED:
Section 1. Creation
There is hereby created the North Carolina Emergency Response Commission, hereinafter referred to as the “Commission.”
The Commission shall consist of not less than twelve members and shall be composed of at least the following persons:
a. Secretary, North Carolina Department of Crime Control and Public Safety, who shall serve as the Chairperson;
b. Director, Division of Emergency Management, North Carolina Department of Crime Control and Public Safety, who
shall serve as the Vice-Chairperson;
c. Commander, State Highway Patrol, North Carolina Department of Crime Control and Public Safety;
d. Deputy Secretary, North Carolina Department of Environment and Natural Resources;
e. Director, Division of Safety and Loss Control, North Carolina Department of Transportation;
f. Chief, Office of Emergency Medical Services, Division of Facility Services, North Carolina Department of Health
and Human Services;
g. Deputy Director, Training and Inspections Division, Office of State Fire Marshal, North Carolina Department of
Insurance;
h. Director, State Bureau of Investigation, North Carolina Department of Justice;
i. Director, Division of Public Health, North Carolina Department of Health and Human Services;
j. Assistant Deputy Commissioner of Labor for Occupational Safety and Health, North Carolina Department of Labor;
k. President, North Carolina Community College System; or
l. Director, Emergency Programs Division, North Carolina Department of Agriculture and Consumer Services.
In addition to the foregoing, six at-large members from local government and private industry may be appointed by the
Governor and serve terms of two (2) years at the pleasure of the Governor.
Section 2. Duties
The Commission is designated as the State Emergency Response Commission as described in the Emergency Planning and
Community Right-to-Know Act of 1986 as enacted by the United States Congress (hereinafter, the “Act”) and shall perform all duties
required of it under the Act, including, but not limited to, the following:
a. Appoint local emergency planning committees described under Section 301(c) of the Act and supervise and
coordinate the activities of such committees.
b. Establish procedures for reviewing and processing requests from the public for information under Section 324 of the
Act.
c. Designate emergency planning districts to facilitate preparation and implementation of emergency plans as required
under Section 301(b) of the Act.
d. Designate additional facilities that may be subject to the Act under Section 302 of the Act.
e. Notify the Administrator of the Environmental Protection Agency of facilities subject to the requirements of Section
302 of the Act.
f. Review the emergency plans submitted by local emergency planning committees and make recommendations to the
committees on revisions of the plans that may be necessary to ensure coordination of such plans with emergency
response plans of other emergency planning districts.
g. Review plans for preventing, preparing, responding, and recovering from acts of terrorism.
Section 3. Administration
a. The Department of Crime Control and Public Safety shall provide administrative support and staff as may be
required.
b. Members of the Commission shall serve without compensation but may receive reimbursement for travel and
subsistence expenses in accordance with state guidelines and procedures and contingent on the availability of funds.
This Executive Order is effective immediately and shall remain in effect until rescinded by the Governor.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Great Seal of the State of North Carolina at the
Capitol in Raleigh, this the 7th day of September 2005.
__________________________________________
Michael F. Easley
Governor
ATTEST: __________________________________________
Elaine F. Marshall
Secretary of State
EXECUTIVE ORDERS
20:07 NORTH CAROLINA REGISTER October 3, 2005
437
EXECUTIVE ORDER NO. 85
GOVERNOR’S ADVISORY COUNCIL ON HISPANIC/LATINO AFFAIRS
WHEREAS, the Hispanic/Latino community plays a vital role in the economy of North Carolina; and
WHEREAS, North Carolina has experienced a tremendous increase of Hispanic/Latino residents into the state; and
WHEREAS, the Hispanic/Latino community is contributing to the economic development and progress of the state by
working in different sectors of the labor market and by participating in civic affairs; and
WHEREAS, many unique challenges confront the Hispanic/Latino community as they attempt to access housing, health
care, and employment services; and
WHEREAS, the state should promote and encourage collaboration and collaborative planning and delivery of services
among state agencies that serve the Hispanic/Latino community.
NOW, THEREFORE, pursuant to the authority vested in me as Governor by the Constitution and laws of the State of North
Carolina, IT IS ORDERED:
Section 1. Membership Composition
The Governor’s Advisory Council on Hispanic/Latino Affairs is hereby established. It shall be composed of 15 voting
members who shall serve at the pleasure of the Governor. In addition to the 15 appointed members, the following or their designees
shall serve as ex-officio, non-voting members:
a. The Secretary of the Department of Administration
b. The Secretary of the Department of Commerce
c. The Secretary of the Department of Health and Human Services;
d. The Secretary of the Department of Crime Control and Public Safety;
e. The Governor’s Senior Advisor on Community Affairs;
f. The Governor's Legal Counsel;
g. The Commissioner of the Division of Motor Vehicles; and
h. The Chairman of the Employment Security Commission.
The following individuals, or their designees, are invited to serve as ex-officio, non-voting members of the Advisory Council:
a. The Commissioner of the North Carolina Department of Agriculture and Consumer Services;
b. The Commissioner of Labor;
c. The Attorney General,
d. The Superintendent of Public Instruction; and
e. The Honorary Consul of Mexico.
Section 2. Meetings
The Advisory Council shall meet quarterly or at the call of the chair. The chair shall set the agenda for the Advisory
Council’s meetings. The Advisory Council may establish such committees or other working groups as are necessary to assist in
performing its duties.
Section 3. Duties
The Advisory Council shall have the following duties:
a. Advise the Governor on issues relating to the Hispanic/Latino community in North Carolina;
b. Support state efforts toward the improvement of race and ethnic relations;
c. Provide a forum for the discussion of issues concerning the Hispanic/Latino community in North Carolina;
d. Promote cooperation and understanding between the Hispanic/Latino community, the general public, the state,
federal, and local governments; and
e. Perform other duties as directed by the Governor.
Section 4. Administration
Support staff for the Advisory Council shall be provided by the Governor’s Office and other cabinet departments as directed
by the Governor. Members shall serve without compensation, but may receive reimbursement, contingent upon the availability of
funds, for travel and subsistence in accordance with North Carolina General Statutes §§138-5, 138-6, and 120-3.1
EXECUTIVE ORDERS
20:07 NORTH CAROLINA REGISTER October 3, 2005
438
This executive order shall be effective immediately and shall remain in effect until rescinded.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Great Seal of the State of North Carolina at the
Capitol in Raleigh, this the 7th day of September 2005.
__________________________________________
Michael F. Easley
Governor
ATTEST:
__________________________________________
Elaine F. Marshall
Secretary of State
EXECUTIVE ORDERS
20:07 NORTH CAROLINA REGISTER October 3, 2005
439
EXECUTIVE ORDER NO. 86
STATEWIDE FLEXIBLE BENEFITS PROGRAM
WHEREAS, State employees are an important resource to State government; and
WHEREAS, the State needs to provide a uniform competitive compensation package that includes an up-to-date benefits
program in order to maintain its competitive edge with businesses and other states in its region; and
WHEREAS, the State needs to provide the same tax-advantaged benefits to all State employees, regardless of the agency,
department, or university where they work; and
WHEREAS, the reasonable cost of administering an efficiently designed flexible benefits program could be recovered by the
savings associated with such a program;
NOW, THEREFORE, by the power vested in me as Governor by the Constitution and laws of the State of North Carolina,
IT IS ORDERED:
Section 1. Policy.
A statewide employee flexible benefits coordination effort is hereby formalized for the purpose of administering these
benefits to employees and to promote the development and maintenance of a competitive compensation package for all State
employees.
Section 2. Administration.
There is created within the Office of State Personnel a Statewide Employee Flexible Benefits Program (SEFBP). The State
Personnel Director shall be responsible for central flexible benefits coordination for all State employees. The administration of the
statewide flexible benefits plan shall become the responsibility of SEFBP. This program shall begin the process of assessing the
flexible benefits plan design, administrative procedures, administrative capabilities, and communications needs for the implementation
of a comprehensive statewide flexible benefits plan. These responsibilities include, but are not limited to the following:
a. implementing the Statewide Flexible Benefits Plan;
b. administering contracts for supplemental insurance carriers and third party administrators for spending accounts and
premium conversion plans participating in the SEFBP;
c. coordinating administration of spending accounts;
d. coordinating enrollment and communication efforts concerning the SEFBP and other benefit programs;
e. coordinating the Statewide Flexible Benefits Advisory Committee; and
f. speaking on behalf of State government flexible benefits in the Legislature.
Section 3. Statewide Flexible Benefits Advisory Committee.
There is hereby established a Statewide Flexible Benefits Advisory Committee (FBAC) for the purpose of assisting the State
in developing and maintaining an effective flexible benefits plan for State employees. The FBAC shall make recommendations to the
State Personnel Director concerning the administration of the Flexible Benefits Plan and the components of the flexible benefits
package for State employees.
Section 4. Duties of the FBAC.
The FBAC shall be responsible for the following:
a. assisting the SEFBP in developing administrative functions;
b. reviewing existing flexible benefit programs in State government;
c. recommending pre-tax benefits to be included in the SEFBP;
d. assisting in reviewing contracts and administering spending accounts; and
e. undertaking other functions as necessary.
Section 5. Membership.
The membership of the FBAC shall consist of 14 members and three ex-officio members. Members shall be appointed to a
three-year staggered term. Members are as follows:
a. a representative from the State Controller’s Office;
b. a representative from the State Treasurer’s Office;
c. a representative from the State Budget Office;
EXECUTIVE ORDERS
20:07 NORTH CAROLINA REGISTER October 3, 2005
440
d. a representative from the Attorney General’s Office;
e. a representative from the State Health Benefits Office;
f. a representative from the Administrative Office of the Courts;
g. a representative from the Department of Environment and Natural Resources;
h. a representative from the University of North Carolina System;
i. a representative from the State Employees Association;
j. a representative from the Department of Health and Human Services;
k. a representative from the Department of Transportation
l. a representative from the Department of Correction; and
m. two representatives of the private sector.
One representative each from the Department of Public Instruction and the Community College System shall serve as voting
members. The SEFBP Manager shall serve as a voting ex officio member and provide support staff as required.
The Director of the Office of State Personnel shall appoint a Chair from among the membership for a one-year term.
This Executive Order is effective immediately and shall remain in effect until rescinded by the Governor.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Great Seal of the State of North Carolina at the
Capitol in Raleigh, this the 7th day of September 2005.
__________________________________________
Michael F. Easley
Governor
ATTEST:
__________________________________________
Elaine F. Marshall
Secretary of State
EXECUTIVE ORDERS
20:07 NORTH CAROLINA REGISTER October 3, 2005
441
EXECUTIVE ORDER NO. 87
AMENDING EXECUTIVE ORDER NO. 81
EMERGENCY RELIEF FOR DAMAGE CAUSED BY HURRICANE KATRINA
WHEREAS, the Governors of Florida, Mississippi, Alabama, and Louisiana have proclaimed that a State of Emergency and
a State of Disaster exists in these states due to Hurricane Katrina and thereby, have requested that States, through which property
carrying vehicles regulated by size and weight laws, allow exemptions of said laws when vehicles traveling through such states are
bearing equipment and supplies to provide relief to the disaster stricken areas in the above States; and;
WHEREAS, under the provisions of N.C.G.S. §§166A-4 and 166A-6(c)(3), the Governor of North Carolina, with the
concurrence of the Council of State, may regulate and control the flow of vehicular traffic and the operation of transportation services;
and
WHEREAS, with the concurrence of the Council of State, I have found that vehicles bearing equipment and supplies to
relieve Florida, Mississippi, Alabama, and Louisiana’s grief stricken areas must adhere to the registration requirements of N.C.G.S.
§20-86.1 and N.C.G.S. §20-382, fuel tax requirements of N.C.G.S. §105-449.47, and the size and weight requirements of N.C.G.S.
§20-116 and N.C.G.S. §20-118. I have further found that citizens in those states have suffered losses and the imminent threat of
further widespread damage within the meaning of N.C.G.S. §166-A-4(3) will occur;
NOW, THEREFORE, pursuant to the authority vested in me as Governor by the Constitution and the laws of the State of
North Carolina, and with the concurrence of the Council of State, IT IS ORDERED;
Section 1. The Department of Crime Control and Public Safety in conjunction with the N.C. Department of
Transportation shall waive certain size and weight restrictions and penalties therefore arising under N.C.G.S. §20-116 and N.C.G.S.
§20-118 and certain registration requirements and penalties therefore arising under N.C.G.S. §§20-86.1, 20-382, 105-449.47, 105-
449.49 for the vehicles transporting food, fuel, equipment, and supplies along North Carolina’s interstate roadways en route to Florida,
Mississippi, Alabama, and Louisiana’s grief stricken areas.
Section 2. Notwithstanding the waivers set forth above, size and weight restrictions and penalties have not been
waived under the following conditions:
(A) When the vehicle weight exceeds the maximum gross weight criteria established by the manufacturer (GVWR) or
90,000 pounds gross weight, whichever is less.
(B) When the tandem axle weight exceeds 42,000 pounds and the single axle weight exceeds 22,000 pounds.
(C) When a vehicle/vehicle combination exceeds 12 feet in width and a total overall vehicle combination length 75 feet
from bumper to bumper.
Section 3. Vehicles referenced under Section 1 shall be exempt from the following registration and fee requirements:
(A) The $50.00 fee listed in N.C.G.S. §105-449.49 for a temporary trip permit is waived for the vehicles described
above. No quarterly fuel tax is required because the exception in N.C.G.S. §105-449.45(a)(1) applies.
(B) The registration requirements under N.C.G.S. §20-382 concerning intrastate and interstate for-hire authority is
waived; however, vehicles shall maintain the required limits of insurance as required.
(C) Non-participants in North Carolina’s International Registration Plan will be permitted into North Carolina in
accordance with the exemptions identified by this Executive Order.
(D) The fees listed in N.C.G.S. §20-119 for an annual permit and a single trip permit to transport mobile homes only
applies to mobile homes being transported under contract with the Federal Emergency Management Agency
(FEMA) as part of the disaster relief effort. Transporters moving mobile homes under this section are exempted
from the requirement to enter Weigh Stations as required under N.C.G.S. §20-118.1. However, these same
transporters shall have in the transport vehicle a copy of the Transport Authorization letter from FEMA, the annual
permit from the North Carolina Department of Transportation, and the manufacturer’s bill of laden for the mobile
home being transported. This does not exempt transporters from the requirements of the regulations regarding
escorts, flags, signs, and other safety requirements. Movement of mobile homes required to obtain a permit shall be
granted travel from sunrise to sunset seven (7) days a week.
(E) The requirement of a permit and travel restrictions shall be waived for transporters moving mobile homes that do not
exceed 14’ wide and/or 14’ high being transported under contract with the Federal Emergency Management Agency
EXECUTIVE ORDERS
20:07 NORTH CAROLINA REGISTER October 3, 2005
442
(FEMA) as part of the disaster relief effort. Transporters operating under this exemption shall be allowed travel on
interstate routes 24 hours a day seven days a week. However, transporters moving mobile homes not exceeding 14’
wide and/or 14’ high are required to have escort vehicles as would be required under normal conditions.
Transporters moving mobile homes under this section are exempted from the requirement to enter Weigh Stations as
required under N.C.G.S. §20-118.1. However, these same transporters shall have in the transport vehicle a copy of
the Transport Authorization letter from FEMA and the manufacturer’s bill of laden for the mobile home being
transported. This does not exempt transporters from the requirements of the regulations regarding escorts, flags,
signs, and other safety requirements.
Section 4. The size and weight exemption for vehicles will be allowed on all North Carolina interstate highways only.
Section 5. The waiver of regulations under 49 CFR (Federal Motor Carrier Safety Regulations) issued by the states of
Florida, Mississippi, Alabama, and Louisiana does not apply to the CDL and Insurance Requirements. This waiver shall be in effect
for 60 days or the duration of the emergency, whichever is less.
Section 6. The North Carolina State Highway Patrol shall enforce the conditions set forth in Sections 1, 2, and 3 in
such a manner, as to best accomplish the implementation of this rule without endangering the motoring public in North Carolina.
Section 7. Upon request, exempted vehicles will be required to produce identification sufficient to establish that its
load will be used for emergency relief efforts associated with Hurricane Katrina.
This executive order is effective immediately and shall remain in effect for ninety (90) days or the duration of the emergency
whichever is less.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Great Seal of the State of North Carolina at the
Capitol in Raleigh, this the 8th day of September 2005.
__________________________________________
Michael F. Easley
Governor
ATTEST:
__________________________________________
Elaine F. Marshall
Secretary of State
EXECUTIVE ORDERS
20:07 NORTH CAROLINA REGISTER October 3, 2005
443
EXECUTIVE ORDER NO. 88
PROCLAMATION OF STATE OF EMERGENCY
DUE TO HURRICANE OPHELIA
WHEREAS, I have determined that a state of emergency, as defined in N.C.G.S.§§ 166A-5 and 14-288.1(10), exists in the
State of North Carolina, due to the approach and proximity of Hurricane Ophelia, which began on September 10, 2005.
NOW, THEREFORE, pursuant to the authority vested in me as Governor by the Constitution and the laws of the State of
North Carolina, IT IS ORDERED:
Section 1. Pursuant to N.C.G.S.§§ 166A-5 and 14-288.15, I, therefore, proclaim the existence of a state of emergency in the
State.
Section 2. I hereby order all state and local government entities and agencies to cooperate in the implementation of the
provisions of this proclamation and the provisions of the North Carolina Emergency Operations Plan.
Section 3. I hereby delegate to Bryan E. Beatty, Secretary of Crime Control and Public Safety, and/or his designee, all
power and authority granted to me and required of me by Chapter 166A, and Article 36A of Chapter 14 of the North Carolina General
Statutes for the purpose of implementing the said Emergency Operations Plan and to take such further action as is necessary to
promote and secure the safety and protection of the populace in the State.
Section 4. Further, Bryan E. Beatty, Secretary of Crime Control and Public Safety, as chief coordinating officer for the State
of North Carolina, shall exercise the powers prescribed in N.C.G.S.§ 143B-476.
Section 5. I hereby order this proclamation: (a) to be distributed to the news media and other organizations calculated to
bring its contents to the attention of the general public; (b) unless the circumstances of the state of emergency prevent or impede, to
be promptly filed with the Secretary of Crime Control and Public Safety, the Secretary of State, and the clerks of superior court in the
counties to which it applies; and, (c) to be distributed to others as necessary to assure proper implementation of this proclamation.
Section 6. This proclamation shall become effective immediately and shall continue until it is terminated in writing.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Great Seal of the State of North Carolina at the
Capitol in Raleigh this 10th day of September 2005
______________________________
MICHAEL F. EASLEY
GOVERNOR
ATTEST:
______________________________
ELAINE F. MARSHALL
SECRETARY OF STATE
EXECUTIVE ORDERS
20:07 NORTH CAROLINA REGISTER October 3, 2005
444
EXECUTIVE ORDER NO. 89
REPLACING EXECUTIVE ORDER NO. 52 CONCERNING
FOOD SAFETY AND DEFENSE TASK FORCE
By the authority vested in me as Governor by the Constitution and laws of the State of North Carolina, IT IS ORDERED:
Section 1. Establishment.
The North Carolina Food Safety and Defense Task Force (formerly known as the “North Carolina Food Safety and Security Task
Force") is hereby established.
Section 2. Purpose.
The purpose of the Task Force is to coordinate interagency and public-private efforts to enhance protection of the State's food
supply system and its agricultural industry.
Section 3. Membership.
The Task Force shall consist of the following members, or their designees:
(1) the Commissioner of Agriculture,
(2) the Secretary of Environment and Natural Resources,
(3) the Secretary of Health and Human Services,
(4) the Secretary of Crime Control and Public Safety,
(5) the Chancellor of North Carolina State University,
(6) the Chancellor of University of North Carolina at Chapel Hill, and
(7) representatives of other government agencies, private industry, and other public members invited to participate by the Task
Force. The Commissioner of Agriculture and the Secretary of Health and Human Services shall serve as co-chairs of the
Task Force.
Section 4. Duties.
The North Carolina Food Safety and Defense Task Force shall:
(1) Partnering with state and federal agencies to conduct focused studies of the vulnerability of the State's food system to
criminal and terrorist acts and make recommendations for
a. improving safety and security of the food supply system,
b. reducing terrorism threat measures,
c. improving food safety and defense mitigation and response plans, and
d. training for key stakeholders in the State's food supply system.
(2) Recommending legislation needed to improve the ability of State departments and agencies to protect the safety and
defense of the State's food supply and the agricultural industry base, including legislation to protect sensitive and
proprietary information of the State's food supply system, safety and defense vulnerability information, and defense plans,
that, if compromised, would heighten the exposure of the State's food supply system to criminal or terrorist acts.
(3) Recommending budget, staffing, and resource adjustments necessary to improve the capability of State departments and
agencies to protect the safety and defense of the State's food supply system and agricultural industrial base.
Section 5. Reporting.
The Food Safety and Defense Task Force shall prepare an annual report no later than the 15th of December each year. This report
shall include any recommendations, including proposed legislation, for changes in laws, rules, and programs that the Task Force determines
to be appropriate to enhance food safety and defense in the State.
Section 6. Funding.
The Office of State Budget and Management shall assist the Task Force in its efforts to obtain State and Federal funding necessary
to carry out its duties.
Section 7. Other Executive Orders
All other executive orders or portions of executive orders inconsistent herewith are hereby rescinded. This order specifically
replaces Executive Order No. 52 dated September 12, 2003.
The executive order shall be effective immediately and shall remain in effect until rescinded.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Great Seal of the State of North Carolina at the Capitol in
Raleigh, this the 12th day of September 2005.
__________________________________________
Michael F. Easley
Governor
ATTEST: __________________________________________
Elaine F. Marshall
Secretary of State
PROPOSED RULES
20:07 NORTH CAROLINA REGISTER October 3, 2005
445
Note from the Codifier: The notices published in this Section of the NC Register include the text of proposed rules. The agency
must accept comments on the proposed rule(s) for at least 60 days from the publication date, or until the public hearing, or a
later date if specified in the notice by the agency. If the agency adopts a rule that differs substantially from a prior published
notice, the agency must publish the text of the proposed different rule and accept comment on the proposed different rule for 60
days.
Statutory reference: G.S. 150B-21.2.
TITLE 01– DEPARTMENT OF ADMINISTRATION
Notice is hereby given in accordance with G.S. 150B-21.2 that
the Department of Administration intends to amend the rules
cited as 01 NCAC 35 .0103, .0201-.0205, .0301-.0302, .0304-
.0305, .0307.
Proposed Effective Date: February 1, 2006
Instructions on How to Demand a Public Hearing: (must be
requested in writing within 15 days of notice): Requests for
Public Hearing should be sent in writing to T. Brooks Skinner,
Jr., General Counsel, NC Dept. of Administration, 1301 MSC,
Raleigh, NC 27699-1301.
Reason for Proposed Action: The SECC Advisory Committee
has recently made changes to the structure and organization of
the State Employees Combined Campaign. The Committee has
also identified pertinent eligibility criteria for charitable
organizations to ensure compliance with the Patriot Act.
Various technical changes are also included.
Procedure by which a person can object to the agency on a
proposed rule: Objections should be directed in writing to
Sandra Johnson, Executive Director, State Employees Combined
Campaign, 5699 Mail Service Center, Raleigh, NC 27699-5699.
Written comments may be submitted to: Sandra Johnson,
Executive Director, 5699 Mail Service Center, Raleigh, NC
27699-5699, phone (919)821-2886.
Comment period ends: December 02, 2006
Procedure for Subjecting a Proposed Rule to Legislative
Review: If an objection is not resolved prior to the adoption of
the rule, a person may also submit written objections to the
Rules Review Commission. If the Rules Review Commission
receives written and signed objections in accordance with G.S.
150B-21.3(b2) from 10 or more persons clearly requesting
review by the legislature and the Rules Review Commission
approves the rule, the rule will become effective as provided in
G.S. 150B-21.3(b1). The Commission will receive written
objections until 5:00 p.m. on the day following the day the
Commission approves the rule. The Commission will receive
those objections by mail, delivery service, hand delivery, or
facsimile transmission. If you have any further questions
concerning the submission of objections to the Commission,
please call a Commission staff attorney at 919-733-2721.
Fiscal Impact
State
Local
Substantive (>$3,000,000)
None
CHAPTER 35 - STATE EMPLOYEES COMBINED
CAMPAIGN
SECTION .0100 - PURPOSE AND ORGANIZATION
01 NCAC 35 .0103 ORGANIZATION OF THE
CAMPAIGN
The State Employees Combined Campaign is organized as
follows:
(1) Chair. Each year the Governor shall appoint
the Statewide Combined Campaign Chair "or
Statewide Campaign Chair" from one of the
Executive Cabinet, Council of State, System of
Community Colleges, or University
Administration agencies. The Statewide
Campaign Chair shall serve as director of the
campaign. The responsibilities of the Chair
include enlisting the support and cooperation
of the head of each state department and
university in coordinating an effective
campaign, promoting the participation of state
employees, setting the dates of and approving
the published materials for the Combined
Campaign, contracting for the selection of the
Statewide Campaign Organization as set out in
these rules, and appointing members to and
serving as chair of the SECC Advisory
Committee. For the purposes of selecting the
Statewide Campaign Organization, the
Statewide Campaign Chair shall consider the
following criteria:
(a) The organization must shall have
ability to manage a state-wide fund-raising
campaign.
(b) The organization must have the
ability and willingness to work with a
statewide system of local
organizations capable of managing
local combined campaigns.
(c)(b) The organization must shall have an
audit to demonstrate financial
accountability.
(d)(c) The organization must shall be a tax-exempt
organization under the
Internal Revenue Code.
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20:07 NORTH CAROLINA REGISTER October 3, 2005
446
(e)(d) The organization shall verify a bond
or proof of insurance in an amount
that covers the total amount of
designated and undesignated funds to
be allocated to each of the respective
member agencies.
(e) The organization shall agree to
comply with the terms of the
State/Statewide Campaign
Organization contract as determined
in Item (4) of this Rule.
(2) SECC Advisory Committee. This committee
serves as an application point for all charitable
organizations applying to participate in the
SECC. The duties of the SECC Advisory
Committee include the following:
(a) The committee shall recommend
policy for the campaign to the
Governor, the Statewide Campaign
Chair, and state agencies and shall
recommend the criteria for
participation by charitable
organizations. The committee shall
review the recommendations made by
the Statewide Campaign Organization
and shall accept or reject its
recommendations. Prior to each year's
campaign, the SECC Advisory
Committee shall approve a budget to
cover all of its costs related to the
campaign and shall develop an annual
work plan.
(b) The committee shall be composed of
at least 20 state employee members
appointed by the Statewide Campaign
Chair. Members shall serve four-year
staggered terms. If a vacancy occurs,
the Statewide Campaign Chair shall
appoint a replacement to fill the
unexpired term. No member shall
serve more than two consecutive
terms of four years.
(c) The SECC Advisory Committee shall
meet at the discretion of the
Statewide Campaign Chair; however,
no fewer than four meetings per year
will shall be held. The SECC
Advisory Committee shall conduct
business only when a quorum of one-third
of the committee membership,
including the Statewide Campaign
Chair or his designee is present.
(d) Any State employee who serves on
the SECC Advisory Committee shall
not participate in any decision where
that employee may have a conflict of
interest or the appearance of a
conflict of interest, either of a
personal nature or with regard to the
agency in which the employee works.
Any SECC Advisory Committee
member who is also a member of a
charitable organization's board shall
recuse himself from taking part in
deliberation or voting on matters by
which that charitable organization
may be impacted.
(3) Statewide Campaign Organization. The
Statewide Campaign Organization shall be
selected by the Statewide Campaign Chair.
The entity selected to manage the campaign
shall conduct its own organization operations
separately from duties performed as the
Statewide Campaign Organization. The duties
of the Statewide Campaign Organization
include the following:
(a) serving as the financial administrator
of the SECC;
(b) determining if the applicant agencies
meet the requirements of Rule .0202
of this Chapter;
(c) submitting to the Statewide
Campaign Chair a list of
organizations to serve as Local
Campaign Organizations;
(d)(c) providing centralized pledge
processing services in order to
process all pledge forms of state
employees;
(e)(d) compiling reports for the SECC
Advisory Committee and notifying
federations and independent agencies
no later than March 1 following the
close of the campaign on December 1
of the amounts designated to them
and their member agencies and of the
amounts of the undesignated funds
allocated to them;
(f)(e) transmitting quarterly to each
federation and independent agency its
share of the state employee's funds.
When the total contribution for any
federation or independent agency is
two hundred fifty dollars ($250.00) or
less, the SECC Advisory Committee
may direct the contributions be made
in a lump sum the first quarter to the
recipient federation or independent
agency. Interest earnings shall be
disbursed to each participating
federation and independent agency
based on its proportionate share of the
campaign's total gross contributions if
an interest bearing account is
established. Undesignated funds
shall be distributed in accordance
with the rules in this Chapter;
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20:07 NORTH CAROLINA REGISTER October 3, 2005
447
(g)(f) printing and distributing the pledge
form, the campaign report form and
collection envelopes to the Local
Campaign Organizations; state
departments and universities;
(g) collecting pledge reports and
envelopes from state department and
university volunteers;
(h) maintaining an accounting of all
funds raised and submitting an
interim unaudited audited end-of-campaign
report of the following:
(i) amounts contributed and
pledged;
(ii) number of contributions; and
(iii) amounts distributed to each
participating agency;
(i) preparing a list of all accepted
organizations and distributing them to
all applicants;
(j) coordinating an annual statewide or
regional training session for Local
Campaign Organizations and state
employee volunteers;
(k) serving as liaison to participating
charitable organizations;
(l) providing staff to administer the
SECC in consultation with SECC
Advisory Committee.
(m) preparing a budget of anticipated
campaign and administrative
expenses for the SECC;
(n) preparing a suggested annual work
plan of goals and objectives for the
SECC;
(o) educating state employees in the
services provided through their
support;
(p) overseeing the operations of the Local
Campaign Organizations to ensure
that they are performing their duties;
(q)(p) deducting, before disbursements are
made, direct costs of operating the
campaign from the gross
contributions and charging each
federation or independent agency its
proportionate share of the campaign's
operational cost as determined in
Subitem (7)(4)(a) of this Rule. The
Statewide Campaign Organization
and each Local Campaign
Organization shall justify the total
actual costs of the campaign, which
shall not exceed 10% 20%
respectively of gross contributions.
(r)(q) maintaining records related to
campaign activities; and
(s)(r) providing such other central
management functions as may be
agreed upon as essential in its
contract with the State Campaign
Chair.
(s) collecting pledge reports and
envelopes from state department and
university volunteers.
(4) Local Campaign Chair. The Governor, if
asked by the local charitable organizations
accepted into the Combined Campaign, may
appoint area representatives from either state
government or the University of North
Carolina system to serve as Local Chairs.
These people shall be responsible for forming
Local Advisory Committees for recruitment of
volunteer state employees, enlisting and
confirming management support,
communicating to area state employees the
Local Chairs' support for and participation in
the campaign, and providing that the local
campaign is conducted pursuant to these rules.
(5) Local Advisory Committees. Each Committee
shall be responsible for the review of prior
local campaign results, the establishment of
local goals as needed, the distribution of any
undesignated funds made available for
distribution, the development of budgets and
campaign plans, the approval of local publicity
materials, the conduct of campaigns and the
recognition of volunteers and contributors.
(a) Each committee shall be composed of
at least 10 state employee members
appointed by Local Campaign Chairs.
Members shall serve four-year
staggered terms. If a vacancy occurs,
the Local Campaign Chair shall
appoint a replacement to fill the
unexpired term. No member shall
serve more than two consecutive
terms of four years.
(b) Each Local Advisory Committee
shall meet at the discretion of the
Local Campaign Chair. The Local
Advisory Committee shall conduct
business only when a quorum of one-third
of the committee membership,
and the Local Campaign Chair or his
designee is present.
(6) The State Campaign Chair shall approve or
reject the State Campaign Organization's
recommendation for Local Campaign
Organization and name an agency as the Local
Campaign Organization. The Local Campaign
Organization must identify itself on all printed
materials as the local SECC organization. The
necessary elements of the Local Campaign
Organization are the following:
(a) Any SECC charitable organization
wishing to be selected as a Local
Campaign Organization shall submit
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20:07 NORTH CAROLINA REGISTER October 3, 2005
448
an application in accordance with the
deadline set by the State Campaign
Chair that includes:
(i) A written campaign plan
sufficient in detail to allow
the SCO to determine if the
applicant could administer
an efficient and effective
Campaign. The campaign
plan must include a
proposed local campaign
budget that details all
estimated costs required to
operate the local campaign.
The budget shall not be
based on the percentage of
funds raised in the local
campaign;
(ii) A statement signed by the
applicant's director or
equivalent pledging to:
(A) administer the local
campaign fairly and
equitably;
(B) conduct local
campaign
operations (such as
training, kick-off
and other events)
separate from the
applicant's non-
SECC operations;
and
(C) abide by the
directions,
decisions and
supervision of the
Statewide
Campaign
Organization,
SECC Advisory
Committee and the
Local Advisory
Committee.
(iii) A statement signed by the
applicant's director or
equivalent acknowledging
that applicant is subject to
the provisions of Title 1,
Chapter 35, North Carolina
Administrative Code, State
Employees Combined
Campaign.
(b) For the purpose of selecting a Local
Campaign Organization, the
Statewide Campaign Chair and
Statewide Campaign Organization
shall consider the following criteria:
(i) whether the local
organization is willing to
conduct a local SECC;
(ii) whether the organization
agrees to comply with the
terms of the State/Local
Organization's contract;
(iii) whether the organization has
community and state
employee support and
volunteer involvement;
(iv) whether the organization has
an ability and history of
managing fund-raising
campaigns that include:
(A) development of
campaign strategy;
(B) development of
campaign materials;
(C) development of
volunteer campaign
structures;
(D) training of
volunteer solicitors;
(E) a financial structure
and resources that
can efficiently
manage, account
for, and disburse
funds;
(F) being a participant
organization of the
campaign;
(G) ability to develop
financial
relationships with a
network of
statewide
organizations so as
to ensure the
orderly transmittal,
disbursement,
accounting of, and
reporting of
donations and
pledges;
(v) whether the organization is
willing and able to provide a
bond, if required, in an
amount satisfactory to the
SECC Advisory Committee
to protect the participant
organizations and
contributors.
(c) Each Local Campaign Organization
shall assist the Local Campaign Chair
and Local Advisory Committee in the
training of volunteers, the ordering
and distribution of campaign
PROPOSED RULES
20:07 NORTH CAROLINA REGISTER October 3, 2005
449
literature, and the collection of pledge
reports and envelopes from the state
agency volunteers.
(7)(4) A three-year contract between the state and the
Statewide Campaign Organization
Organization, and the Statewide and each
Local Campaign Organization, shall be
executed in order to develop an audit trail.
The contracts shall allow a charge for
campaign expenses to be claimed by the
Statewide Campaign Organization and each
Local Organization. All terms and conditions
of these this contract shall be subject to
approval by the Statewide Campaign Chair.
These contracts shall contain the following
terms and conditions.
(a) The Statewide Campaign
Organization and each Local
Campaign Organization shall recover
from gross receipts of the campaign
their its expenses which shall reflect
the actual costs of administering the
campaign. Total Aactual costs of the
campaign to be recovered shall be
documented and shall not exceed
10% 20% of budgeted gross receipts.
The campaign expenses shall be
shared proportionately by all the
recipient organizations reflecting their
percentage share of gross campaign
receipts. No costs associated with the
campaign shall be borne by the State.
All costs shall be borne by the
proceeds from the campaign.
(b) The failure of the Statewide
Campaign Organization or the Local
Campaign Organization to perform
any of its respective responsibilities
listed in this Rule may be grounds for
removal and disqualification by the
Chair to serve in its capacity for one
year. Before deciding on removing
or disqualifying an organization, the
Chair shall give the organization an
opportunity to respond to any
allegations or failure to perform its
responsibilities. The organization
must shall submit its response to the
Chair within 10 days from
notification postmark date. The Chair
shall issue a written determination
based on a review of all of the
information submitted.
(8)(5) Solicitation Campaign Organization. The
campaign shall be divided into no more than
15 local regional administrative regions, and
managed within each state department or
university according to the following structure:
(a) State Department Head or University
Chancellor. The director or
chancellor of each state department or
university shall set the tone and
provide leadership for the campaign
in the following manner: This person
shall ensure that voluntary
fundraising within the department or
university is conducted in accordance
with these Rules, communicate
support for the campaign to all
employees, and appoint Department
Executives and University Chairs
within the agency's or university's
central office.
(b) Department Executives. Executives
or University Chairs. Department
Executives or University Chairs shall
manage the campaign at the agency
or university level. The Department
Executives and University Chairs
shall ensure that personal solicitations
are organized and conducted in
accordance with the procedures set
forth in these rules and shall appoint
local agency coordinators at agency
institutions or local offices and
universities and shall provide
direction and guidance to the local
coordinators.
(c) Local Agency Coordinators. Local
agency coordinators Coordinators
shall be appointed by their respective
Department Executives and
University Chairs and shall manage
the campaign in agency institutions or
local offices and universities. The
local agency coordinators shall
undertake the official campaign
within their agency institution or
local office and university and assist
in setting campaign goals. The local
agency coordinators shall ensure that
personal solicitations are organized
and in accordance with the
procedures set forth in these Rules
and shall work with solicitors.
(d) Local Agency Solicitors. Solicitors
shall work with local agency
coordinators to promote the
campaign. Solicitors shall
communicate the importance of the
campaign to their fellow workers,
encourage participation by payroll
deduction, explain how to designate
gifts and answer questions regarding
the campaign. Solicitors shall
personally solicit employees in their
assigned area, report all pledges and
PROPOSED RULES
20:07 NORTH CAROLINA REGISTER October 3, 2005
450
contributions to the local agency
coordinator and ensure that pledge
forms are distributed, completed and
collected. Solicitors shall also assist
in planning campaign strategies and
events.
Authority G.S. 143-3.3; 143-340(26); 143B-10.
SECTION .0200 - APPLICATION PROCESS
AND SCHEDULE
01 NCAC 35 .0201 APPLICATIONS
(a) To be eligible to participate in the State Employees
Combined Campaign, an organization must shall apply annually
for consideration, either as an independent organization agency
or as a federation.
(b) Independent organizations agencies or federations wishing
to receive an application can do so by making a request in
writing to the Statewide Campaign Organization. Such written
requests may be made by letter, facsimile or email
communication; however, telephone or verbal requests shall not
be honored.
(c) Any independent organization agency or federation which
was eligible to participate in the State Employees Combined
Campaign immediately preceding the campaign for which
application is currently made shall be required to submit to the
Statewide Campaign Organization only its most recent
information, which shall specifically update the requirements of
01 NCAC 35 .0202 and include a completed Certificate of
Compliance.
Authority G.S. 143-3.3; 143-340(26); 143B-10.
01 NCAC 35 .0202 CONTENT OF APPLICATIONS
(a) All organizations seeking inclusion in the State Employees
Combined Campaign submit an application to the state
campaign. The application shall include a completed State
Employees Combined Campaign Certificate of Compliance,
provided by the Statewide Campaign Organization. Included in
or attached to the Certificate of Compliance shall be:
(1) A letter from the board of directors requesting
inclusion in the campaign. The letter shall be
on organization letterhead and signed by a
voting member of the board of directors.
(2) A complete description of services provided;
the service area of the organization; and the
percentage of its total support and revenue that
is allocated to administration and fund-raising
or copies of its annual report, newsletters,
brochures or fact sheets as long as they include
the required information.
(3) The most recent audited financial statement
prepared within the past two three years.
(4) A completed and signed copy of the
organization's IRS 990 form exclusive of other
IRS schedules regardless of whether or not the
IRS requires the organization to file the form,
to indicate program services, administrative
and fund-raising expenses. The form shall be
signed by an authorized agent of the
organization. If the organization is not
required to file the form with the IRS, the
organization shall submit pages one and two of
the completed form with a note at the top of
page one that the document is for SECC
purposes only.
(5) A statement of that assures compliance with
all applicable State and Federal laws. dealing
with employment, board membership and
client services. The policy shall be board
approved, in written form, and available to the
SECC.
(6) A description of the origin, purpose and
structure of the organization or copies copy of
articles of incorporation and bylaws.
(7) A list of the current members of the board,
including their business or home addresses.
(8) A letter from the board of directors certifying
compliance with the eligibility standards listed
in Paragraph (b)(d) of this Rule.
(b) A federation may submit applications on behalf of its
member agencies; however, the application shall include a
completed and signed Certificate of Compliance for each
member agency. If any member agency is new to the federation,
or did not participate in the SECC during the previous year, the
federation shall provide a completed application and sufficient
documentation to show that the member agency is in compliance
with all eligibility criteria. By the submission of such, the
federations shall certify that all of its member agencies comply
with all the SECC rules, unless there are exceptions. If there are
exceptions to the rules, the federations shall disclose such. The
SECC Advisory Committee shall accept or reject the
certifications of the eligibility of the member agencies of the
federations based upon criteria in these rules. If the Committee
requests information supporting a certification of eligibility, that
information shall be furnished promptly. Failure to furnish such
information within 10 days of the notification postmark date
constitutes grounds for the denial of eligibility of that member
agency.
(c) The SECC Advisory Committee may elect to decertify a
federation or independent agency which makes a false
certification, subject to the requirement that any federation or
independent agency that the Committee proposes to decertify
shall be notified by the Statewide Campaign Organization of the
Committee's decision stating the grounds for decertification.
The federation or independent agency may file an appeal to the
Committee within 10 days of the notification postmark date.
False certifications are presumed to be deliberate. The
presumption may be overcome by evidence presented at the
appeal hearing.
(d) Organizations shall meet the following criteria to be
accepted as participants in the Combined Campaign:
(1) Shall be licensed to solicit funds in North
Carolina if a license is required by law and
provide written proof of the same. All
organizations applying as domestic or foreign
nonprofit corporations shall also submit a
PROPOSED RULES
20:07 NORTH CAROLINA REGISTER October 3, 2005
451
certificate of existence (for domestic
corporations) or a certificate of authorization
(for foreign corporations) issued by the office
of the North Carolina Secretary of State
pursuant to G.S. 55A-1-28.
(2) Shall provide written proof of tax exempt
status for both federal income tax under
section 501(c)(3) of the Internal Revenue Code
and state tax purposes under Sections 105-125
and 105-130.11(3), respectively, of the North
Carolina General Statutes, but the organization
shall not be a private foundation as defined in
section 509(a) of the Internal Revenue Code.
Organizations shall certify that contributions
from state employees are tax deductible by the
donor under N.C. and federal law.
(3) Shall prepare and make available to the
general public an audited financial statement
prepared by a CPA within the past two three
years. The SECC Advisory Committee shall
permit organizations with annual budgets of
less than three hundred thousand dollars
($300,000) total support and revenue to submit
an audited financial statement or review
prepared by a CPA. Total support and revenue
is determined by the IRS 990 form covering
the organization's most recent fiscal year
ending not more than two three years prior to
the current year's campaign date. The CPA
opinion rendered on the financial statements
shall be unqualified. The year-end of such
audited financial statement or review shall be
no more than two three years prior to the
current year's campaign date. The SECC
Advisory Committee may grant an exception
to this requirement if an organization has filed
its Articles of Incorporation with the Secretary
of State's Office since March 1 of the
preceding year of the current campaign.
(4) Shall provide a completed and signed copy of
the organization's IRS 990 form exclusive of
other IRS schedules regardless of whether or
not the IRS requires the organization to file the
form, to indicate program services,
administrative and fund-raising expenses. The
form shall be signed by an authorized agent of
the organization. If the organization is not
required to file the form with the IRS, the
organization shall submit pages one and two of
the completed form with a note at the top of
page one that the document is for SECC
purposes only. The IRS 990 form and CPA
audit or review shall cover the same fiscal year
and, if revenue and expenses on the two
documents differ, these amounts shall be
reconciled on an accompanying statement by
the CPA who completed the financial audit or
review. The SECC may reject any application
from an agency organization with fund-raising
and administrative expenses in excess of 25
percent of total revenue, unless the agency
organization demonstrates to the Committee
that its actual expenses for those purposes are
reasonable under all the circumstances of the
case. case and specifies steps the organization
shall take to accomplish a reduction within the
next fiscal year. The percentage shall be
computed from the information on the IRS 990
form by adding the amount spent on
management and general expenses to the
amount spent on fundraising and dividing the
resulting total by total revenue.
(5) Shall certify that all publicity and promotional
activities are truthful and non-deceptive and
that all material provided to the SECC is
truthful, non-deceptive, includes all material
facts, and makes no exaggerated or misleading
claims.
(6) Shall agree to maintain the confidentiality of
the contributor list unless otherwise required
by law.
(7) Shall not permit payments of commissions,
kickbacks, finders fees, percentages, bonuses,
or overrides for fund-raising, and permit no
paid solicitations by a fund-raising consultant
or solicitor in the SECC.
(8) Shall have a written board policy that assures
compliance with all applicable State and
Federal laws. laws. dealing with clients of the
agency, employees of the agency and members
of the governing board. Nothing herein denies
eligibility to any organization which is
otherwise eligible because it is organized by,
on behalf of or to serve persons of a particular
race, color, religion, sex, age, national origin
or physical or mental disability.
(9) Shall provide benefits or services to state
employees or their families within a
solicitation area and be available through a
telephone number to respond to inquiries from
state employees.
However, an international organization which
provides health and welfare services overseas,
whose activities do not require a local
presence and which meet the other eligibility
criteria in these Rules, may be accepted for
participation in the campaign.
(10) Shall not use SECC contributions for lobbying
activities.
(11) Shall have an active board of directors that
contains no less than three persons that meet at
least three times a year. The board of directors
shall maintain records of all decisions made
and these decisions shall be made available for
SECC inspection.
Authority G.S. 143-3.3; 143-340(26); 143B-10.
PROPOSED RULES
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452
01 NCAC 35 .0203 REVIEW AND SCHEDULE
(a) Completed applications must shall be submitted to
postmarked or received by the Statewide Campaign
Organization by February 15 to be included in the following fall
campaign. The SECC Advisory Committee (the "Committee")
shall not consider incomplete applications.
(b) The Statewide Campaign Organization and the Committee
shall review the application materials for accuracy, completeness
and compliance with these rules. The Statewide Campaign
Organization shall report to the Committee its recommendation
on each application within four weeks of the closing deadline.
(c) The Committee may reject an application for failing to meet
any of the criteria outlined in these Rules.
(d) Failure to supply any of the information required by the
application may be judged a failure to comply with the
requirements of public accountability, and the applicant may be
ruled ineligible for inclusion.
(e) The burden of demonstrating eligibility shall rest with the
applicant.
(f) If the due date in Paragraph (a) of this Rule falls on a
Saturday, Sunday or a legal holiday, then the information must
shall be postmarked or received by the Statewide Campaign
Organization or postmarked by the end of the next day which is
not a Saturday, Sunday or a legal holiday.
Authority G.S. 143-3.3; 143-340(26); 143B-10.
01 NCAC 35 .0204 RESPONSE
All applicants shall be notified by the Statewide Campaign
Organization of the Committee's decision within 45 days of the
closing deadline. An applicant who is dissatisfied with the
determination of its application may file an appeal to the State
SECC Advisory Committee within 10 days of the notification
postmark date. An applicant who is dissatisfied with either the
Committee's decision or the appeal determination of the
Committee may commence a contested case by filing a petition
under G.S. 150B-23 within 60 days of notification postmark date
of the Committee's decision.
Authority G.S. 143-3.3; 143-340(26); 143B-10.
01 NCAC 35 .0205 AGREEMENTS
(a) Following acceptance into the SECC, federations and
charitable organization(s) independent agencies shall execute a
contract with the State. The parties shall agree to abide by the
terms and conditions of the rules. The contract shall be signed
by the State Chair, the SECC Executive Director, the
organization's board chair and the organization's chief executive
officer.
(b) Each federation shall be responsible for the accuracy of the
distribution amount to their member agencies. Each federation
shall have a policy to deduct no more than 10% of gross receipts.
Each federation shall justify amounts deducted from their
disbursements to participating agencies based on this policy.
Each federation shall verify a bond or proof of insurance in an
amount that covers the total amount of designated and
undesignated funds to be allocated to each of the respective
member agencies.
(c) Each federation is expected to disburse on the basis of actual
funds received, both designated and undesignated, rather than
the amount pledged. Each federation shall disburse contributions
quarterly to participating member agencies.
(d) The SECC Advisory Committee may discontinue
distribution of funds to any charitable organization(s) that ceases
to comply with the criteria and procedures as set forth in these
Rules. The remainder of the agency funds shall be distributed as
the SECC Advisory Committee may designate.
(e) In the event a federation ceases to comply with the criteria
and procedures as set forth in these Rules, the SECC Advisory
Committee shall distribute the funds contributed to the
federation, designated and undesignated, equally among the
SECC charitable organizations under said federation.
(f) In the event a SECC charitable organization in a federation
ceases to comply with the criteria and procedures as set forth in
these Rules, the SECC Advisory Committee will shall distribute
the funds contributed to that organization, designated and
undesignated, to the federation for distribution in accordance
with federation policy, notwithstanding 01 NCAC 35 .0306(c).
(g) In the event a SECC charitable organization or any of its
directors, officers or employees are the subject of any
investigation or legal proceeding by any federal, state or local
law enforcement authority based upon its charitable solicitation
activities, delivery of program services, or use of funds, the
organization must shall disclose the same to the SECC within 10
days of its learning of the investigation or proceeding. It must
shall also disclose within 10 days the outcome of any such
investigation or proceeding.
Authority G.S. 143-3.3; 143-340(26); 143B-10.
SECTION .0300 - GENERAL PROVISIONS
01 NCAC 35 .0301 OTHER SOLICITATION
PROHIBITED
No charitable organization shall engage in any solicitation
activity independent of the SECC at any state employee work
site. The prohibition does not include Red Cross sponsored
Bloodmobiles or employee association solicitations.
Authority G.S. 143-3.3; 143-340(26); 143B-10.
01 NCAC 35 .0302 COERCIVE ACTIVITIES
PROHIBITED
(a) In order to insure that donations are made on a voluntary
basis, actions that do not allow free choice or that create an
impression of required giving are prohibited. Peer solicitation is
encouraged. Employee gifts shall be kept confidential, unless
otherwise required by law except that employees may have their
designated contributions acknowledged by the recipient
organizations.
(b) All activities of the campaign shall be conducted in a
manner that promotes a unified solicitation on behalf of all
participants. While it is permissible to individually identify,
describe or explain the charitable organizations in the campaign
for informational purposes, no person affiliated with the
campaign shall engage in any campaign activity that is construed
PROPOSED RULES
20:07 NORTH CAROLINA REGISTER October 3, 2005
453
to either advocate or criticize any specific charitable
organization.
(c) The following activities are not permitted:
(1) The providing and using of contributor lists for
purposes other than the collection, forwarding,
and acknowledgement of contributions.
Recipient organizations that receive the names
and addresses of state employees must shall
segregate this information from all other lists
of contributors and use the lists only for
acknowledgement purposes. This segregated
list shall not be sold or released to anyone
outside of the recipient organization. Failure
to protect the integrity of this information may
result in penalties up to expulsion from the
campaign;
(2) The establishment of personal dollar goals or
quotas; and
(3) The developing and using of lists of
non-contributors.
(d) Violations of these Rules by a participant organization may
result in the decertification of the organization. The
organization shall be given notice of and an opportunity to be
heard prior to any action being taken by the Committee. Any
organization that is dissatisfied with the determination of its
decertification may file an appeal to the Committee within 10
days of the notification postmark date. An organization that is
dissatisfied with the appeal determination of the Committee
may commence a contested case by filing a petition under G.S.
150B-23 within 60 days of notification postmark date of the
Committee's decision.
Authority G.S. 143-3.3; 143-340(26); 143B-10.
01 NCAC 35 .0304 METHODS OF GIVING AND
TERMS OF CONTRIBUTION
For purposes of this Chapter, the following definitions apply:
(1) Payment may be made by payroll deduction,
cash, personal check or credit card. If an
employee chooses to use the payroll deduction
method of contributing, he/she must shall
agree to have the deduction continue for one
year with equal amounts deducted from each
check (monthly, semi-monthly or biweekly
depending on the payroll). If the employee
authorizes payroll deduction, the minimum
amount of the deduction is five dollars ($5.00)
per month. All deductions will shall start with
the January payroll and continue through
December. If the employee discontinues
employment, or chooses to discontinue
payment, the state shall not be responsible for
the collection of the unpaid pledge. No
deduction shall be made for any period in
which the employee's net pay, after all legal
and previously authorized deductions, is
insufficient to cover the allotment. No
adjustments shall be made in subsequent
periods to make up for deductions missed. An
employee who wishes to participate in a
subsequent campaign must shall file a new
pledge form valid for the subsequent
campaign.
(2) The State of North Carolina shall provide new
employees the opportunity to contribute to the
SECC when any State or university human
resources office is reviewing the details of
employment with each new employee. There
shall be no implication that a contribution is a
requirement for employment, but material and
an interpretation of the state policy and SECC
shall be provided.
(3) An employee transferred from one state
agency to another must shall request a copy of
the employee's payroll deduction authorization
form from the first state agency and submit the
copy to the second state agency or complete
and submit an additional form if required by
the second state agency.
(4) Temporary, contract and retired state
employees shall be eligible to participate in the
SECC.
Authority G.S. 143-3.3; 143-340(26); 143B-10.
01 NCAC 35 .0305 CAMPAIGN LITERATURE
(a) Each charitable organization accepted as a part of the
campaign:
(1) Shall provide information about its services
including administrative and fund-raising
costs, to the Local Statewide Campaign
Organization for use in the local campaign;
(2) Shall not be listed more than one time in the
campaign literature unless the SECC Advisory
Committee and the Statewide Campaign
Organization, each determines the following:
(A) It is in contributors' interests to more
specifically direct their gifts to
separate geographic locations; and
(B) The organization maintains records
that determine that gifts so designated
to that geographic area accrue only to
the benefit and purposes of the
organization in that designated area;
(b) The State Employees Combined Campaign shall provide a
campaign brochure resource guide designed by the SECC
Advisory Committee and all publicity shall be subject to the
State Chair's approval. Publicity shall not favor one agency or
federation over another.
(c) The State Chair shall approve, prior to distribution, the
content of any campaign pledge or distribution card to ensure
that the information contained is accurate and complies with the
State Controller's requirements for format and substance.
Authority G.S. 143-3.3; 143-340(26); 143B-10.
01 NCAC 35 .0307 DISTRIBUTION OF
UNDESIGNATED FUNDS
PROPOSED RULES
20:07 NORTH CAROLINA REGISTER October 3, 2005
454
Any monies not designated to a particular recipient shall be
deemed as undesignated funds. The local SECC shall
communicate in campaign literature how the undesignated funds
will be allocated in their local campaigns and shall distribute
these funds to approved agencies and federations. Undesignated
funds shall be distributed to approved agencies and federations
based on its percentage of total designated funds during the
current campaign year after actual costs of the campaign are
recovered pursuant to Rule .0103(3)(p) of this Chapter.
Authority G.S. 143-3.3; 143B-10.
TITLE 10A – DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Notice is hereby given in accordance with G.S. 150B-21.2 that
the Child Care Commission intends to adopt the rules cited as
10 NCAC 09 .2817-.2823, amend the rules cited as 10A NCAC
09 .0102, .0304-.0305, .2801-.2810, .2825, and repeal the rules
cited as 10A NCAC 09 .1601-.1604, .1606, .1612-.1613, .1615.
Proposed Effective Date: April 1, 2006
Public Hearing:
Date: November 10, 2005
Time: 11:00 a.m. – 1:00 p.m.
Location: Archives & History/State Library Building
109 East Jones Street, Raleigh, NC
Reason for Proposed Action: The proposed rules in Section
.2800 describe what standards child care providers need to meet
in order to achieve a higher voluntary rated license of 2-5 stars,
based on H707 which was passed during the 2005 Legislative
Session. The new system will go into effect January 2006 for
new licenses and in January 2008 for existing licenses. The
measure of quality for child care centers and family child care
homes will be based on two-components, program standards and
staff education. The minimum compliance history standards will
be raised to 75% based on the previous 18 months record. The
rules that were previously in Section .1600 are proposed to be
moved into Section .2800. These rules deal with earning points
for program standards.
Procedure by which a person can object to the agency on a
proposed rule: Anyone wishing to comment on these proposed
rules or to request copies of the rules should contact Dedra
Alston, Rulemaking Coordinator, NC Division of Child
Development, 2201 Mail Service Center, Raleigh, NC 27699-
2201, at 919-662-4543 or Dedra.Alston@ncmail.net. Written
comments will be accepted through December 2, 2005. Oral
comments may be made during the public hearing. The
Commission Chairperson may impose time limits for oral
remarks.
Written comments may be submitted to: Dedra Alston, 2201
Mail Service Center, Raleigh, NC 27699-2201, phone 919-662-
4543, fax 919-662-4568, email Dedra.Alston@ncmail.net.
Comment period ends: December 2, 2005
Procedure for Subjecting a Proposed Rule to Legislative
Review: If an objection is not resolved prior to the adoption of
the rule, a person may also submit written objections to the
Rules Review Commission. If the Rules Review Commission
receives written and signed objections in accordance with G.S.
150B-21.3(b2) from 10 or more persons clearly requesting
review by the legislature and the Rules Review Commission
approves the rule, the rule will become effective as provided in
G.S. 150B-21.3(b1). The Commission will receive written
objections until 5:00 p.m. on the day following the day the
Commission approves the rule. The Commission will receive
those objections by mail, delivery service, hand delivery, or
facsimile transmission. If you have any further questions
concerning the submission of objections to the Commission,
please call a Commission staff attorney at 919-733-2721.
Fiscal Impact
State
Local
Substantive (>$3,000,000)
None
Rule Recodification Reference Table
10A NCAC 09
Old Rule
Number
New Rule Number/Names
.1601 .2804/Administrative Policies
.1602 .2805/ Operational & personnel policies
.1604 .2809/Space Requirements
.1606 .2810/Ratios for 3 component star license
.1612 .2806/Activities for preschooler
.1613 .2807/Parent Participation
.1615 .2808/Night Care
.2801 Same/Scope
.2802 Same/Application for a Rated License
.2803 Same/Program Standards for a 3 component
license – Centers
.2804 .2811/Education Standards for a 3
component license – Centers
.2805 .2813/Compliance Standards for a 3
component license – Centers
.2806 .2814/Program Standards for a 3 component
license – Homes
.2807 .2815/Education Standards for a 3
component license – Homes
.2808 .2816/Compliance Standards for a 3
component license �� Homes
.2809 .2824/Maintaining a Star License
.2810 .2825/Changing or appealing a star
.2811 .2812/ School Age Only Standards for a 3
component license – centers
PROPOSED RULES
20:07 NORTH CAROLINA REGISTER October 3, 2005
455
NOTE: Adoptions
.2817-.2823 are all new additions (2 component rules) plus
Quality points
NOTE: The following rules in 10A NCAC 09 are to be
recodified without changes or amendments to the current text:
OLD NEW
.2804 .2811
.2805 .2813
.2806 .2814
.2807 .2815
.2808 .2816
.2809 .2824
.2811 .2812
CHAPTER 9 - CHILD CARE RULES
SECTION .0100 - DEFINITIONS
10A NCAC 09 .0102 DEFINITIONS
The terms and phrases used in this Subchapter Chapter shall be
defined as follows except when the content of the rule clearly
requires a different meaning. The definitions prescribed in G.S.
110-86 also apply to these Rules.
(1) "Agency" means Division of Child
Development, Department of Health and
Human Services located at 319 Chapanoke
Road, Suite 120, Raleigh, North Carolina
27603.
(2) "Appellant" means the person or persons who
request a contested case hearing.
(3) "Basic School-Age Care Training" (BSAC
Training) means the seven clock hours of
training developed by the North Carolina State
University Department of 4-H Youth
Development for the Division of Child
Development on the elements of quality
school-age care.
(4) "Child Care Program" means a single center or
home, or a group of centers or homes or both,
which are operated by one owner or
supervised by a common entity.
(5) "Child care provider" as defined by G.S. 110-
90.2 (a) (2) a. and used in Section .2700 of this
Subchapter, Chapter, includes but is not
limited to the following employees who have
contact with the children in a child care
program: facility directors, administrative
staff, teachers, teachers' aides, cooks,
maintenance personnel and drivers.
(6) "Child Development Associate Credential"
means the national early childhood credential
administered by the Council for Early
Childhood Professional Recognition.
(7) "Developmentally appropriate" means suitable
to the chronological age range and
developmental characteristics of a specific
group of children.
(8) "Division" means the Division of Child
Development within the Department of Health
and Human Services.
(9) "Drop-in care" means a child care arrangement
where children attend on an intermittent,
unscheduled basis.
(10) "Early Childhood Environment Rating Scale -
Revised edition" (Harms, Cryer, and Clifford,
1998, published by Teachers College Press,
New York, NY) is the instrument used to
evaluate the quality of care received by a
group of children in a child care center, when
the majority of children in the group are two
and a half years old through five years old, to
achieve three or more through five points for
the program standards of a rated license. This
instrument is incorporated by reference and
includes subsequent editions. Individuals
wishing to purchase a copy may call Teachers
College Press at 1-800-575-6566. The cost of
this scale at the time of rule publication in
August 2002 2005 is twelve dollars and
ninety-five cents ($12.95). fourteen dollars
and ninety-five cents ($14.95). A copy of this
instrument is on file at the Division at the
address given in Item (1) of this Rule and will
be available for public inspection during
regular business hours.
(11) "Family Day Care Rating Scale" (Harms and
Clifford, 1989, published by Teachers College
Press, New York, NY) is the instrument used
to evaluate the quality of care received by
children in family child care homes to achieve
three or more through five points for the
program standards of a rated license. This
instrument is incorporated by reference and
includes subsequent editions. Individuals
wishing to purchase a copy may call Teachers
College Press at 1-800-575-6566. The cost of
this scale at the time of rule publication in
August 2002 2005 is twelve dollars and
ninety-five cents ($12.95). fourteen dollars
and ninety-five cents ($14.95). A copy of this
instrument is on file at the Division at the
address given in Item (1) of this Rule and will
be available for public inspection during
regular business hours.
(12) "Group" means the children assigned to a
specific caregiver, or caregivers, to meet the
staff/child ratios set forth in G.S. 110-91(7)
and this Subchapter, Chapter, using space
which is identifiable for each group.
PROPOSED RULES
20:07 NORTH CAROLINA REGISTER October 3, 2005
456
(13) "Household member" means a person who
resides in a family home as evidenced by
factors including, but not limited to,
maintaining clothing and personal effects at
the household address, receiving mail at the
household address, using identification with
the household address, or eating and sleeping
at the household address on a regular basis.
(14) "Infant/Toddler Environment Rating Scale"
Scale - Revised edition" (Harms, Cryer, and
Clifford, 1990, published by Teachers College
Press, New York, NY) is the instrument used
to evaluate the quality of care received by a
group of children in a child care center, when
the majority of children in the group are
younger than thirty months old, to achieve
three or more through five points for the
program standards of a rated license. This
instrument is incorporated by reference and
includes subsequent editions. Individuals
wishing to purchase a copy may call Teachers
College Press at 1-800-575-6566. The cost of
this scale at the time of rule publication in
August 2002 2005 is twelve dollars and
ninety-five cents ($12.95). fourteen dollars and
ninety-five cents ($14.95). A copy of this
instrument is on file at the Division at the
address given in Item (1) of this Rule and will
be available for public inspection during
regular business hours.
(15) "ITS-SIDS Training" means the Infant/Toddler
Safe Sleep and SIDS Risk Reduction Training
developed by the NC Healthy Start Foundation
for the Division of Child Development for
caregivers of children ages 12 months and
younger.
(16) "Licensee" means the person or entity that is
granted permission by the State of North
Carolina to operate a child care facility.
(17) "North Carolina Early Childhood Credential"
means the state early childhood credential that
is based on completion of coursework and
standards found in the North Carolina Early
Childhood Instructor Manual. These standards
are incorporated by reference and include
subsequent amendments. A copy of the North
Carolina Early Childhood Credential
requirements is on file at the Division at the
address given in Item (1) of this Rule and will
be available for public inspection or copying at
no charge during regular business hours.
(18) "Operator" means the person or entity held
legally responsible for the child care business.
The terms "operator", "sponsor" or "licensee"
may be used interchangeably.
(19) "Owner" means any person with a five percent
or greater equity interest in a child care
facility, whether that interest is held directly or
through a trust, estate, partnership,
corporation, joint stock company, consortium,
or any other group, entity, organization or
association.
(20) "Parent" means a child’s parent, legal
guardian, or full-time custodian.
(21) "Part-time care" means a child care
arrangement where children attend on a
regular schedule but less than a full-time basis.
(22) "Passageway" means a hall or corridor.
(23) "Person, as used in the definition of "owner" in
Item (19) of this Rule, means any individual,
trust, estate, partnership, corporation, joint
stock company, consortium, or any other
group, entity, organization, or association."
(24) "Preschooler" or "preschool-aged child" means
any child who does not fit the definition of
school-aged child in this Rule.
(25) "School-Age Care Environment Rating Scale"
(Harms, Jacobs, and White, 1996, published
by Teachers College Press) is the instrument
used to evaluate the quality of care received by
a group of children in a child care center, when
the majority of the children in the group are
older than five years, to achieve three or more
through five points for the program standards
of a rated license. This instrument is
incorporated by reference and includes
subsequent editions. Individuals wishing to
purchase a copy for may call Teachers College
Press at 1-800-575-6566. The cost of this
scale at the time of rule publication in August
2002 2005 is twelve dollars and ninety-five
cents ($12.95). fourteen dollars and ninety-five
cents ($14.95). A copy of this instrument is on
file at the Division at the address given in Item
(1) of this Rule and will be available for public
inspection during regular business hours.
(26) "School-aged child" means any child who is at
least five years old on or before October 16 of
the current school year and who is attending,
or has attended, a public or private grade
school or kindergarten; or any child who is not
at least five years old on or before October 16
of that school year, but has been attending
school during that school year in another state
in accordance with the laws or rules of that
state before moving to and becoming a
resident of North Carolina; or any child who is
at least five years old on or before April 16 of
the current school year, is determined by the
principal of the school to be gifted and mature
enough to justify admission to the school, and
is enrolled no later than the end of the first
month of the school year.
(27) "Seasonal Program" means a recreational
program as set forth in G.S. 110-86(2)(b).
(28) "Section" means Division of Child
Development.
PROPOSED RULES
20:07 NORTH CAROLINA REGISTER October 3, 2005
457
(29) "Substitute" means any person who
temporarily assumes the duties of a staff
person for a time period not to exceed two
consecutive months.
(30) "Temporary care" means any child care
arrangement which provides either drop-in
care or care on a seasonal or other part-time
basis and is required to be regulated pursuant
to G.S. 110-86.
(31) "Volunteer" means a person who works in a
child care facility and is not monetarily
compensated by the facility.
Authority G.S. 110-88; 143B-168.3.
SECTION .0300 - PROCEDURES FOR
OBTAINING A LICENSE
10A NCAC 09 .0304 ON-GOING REQUIREMENTS
FOR A PERMIT
(a) Each operator shall schedule a fire inspection within 12
months of the center's previous fire inspection. The operator is
responsible for notifying the local fire inspector when it is time
for the center's annual fire inspection. The operator shall submit
the original of the completed annual fire inspection report to the
Division's representative within one week of the inspection visit
on the form provided by the Division.
(b) Each center shall be inspected at least annually for
compliance with appropriate sanitation requirements adopted by
the Health Services Commission as described in 15A NCAC
18A .2800.
(c) A new building inspection shall not be required unless the
operator plans to begin using space not previously approved for
child care, has made renovations to the building, has added new
construction, or wants to remove
any restriction related to building codes currently on the permit.
license.
(d) When the Division's representative documents
noncompliance during a visit, the representative may:
(1) Advise the operator to submit written
verification that the noncompliance has been
corrected;
(2) Return to the center for an unannounced visit
at a later date to determine if compliance has
been achieved; or
(3) Recommend issuance of a provisional license
in accordance with Section .0400 of this
Subchapter Chapter or recommend the
revocation of the permit license or
administrative actions in accordance with
Section .2200 of this Subchapter. Chapter.
(e) The Division shall assess the compliance history of a center
by evaluating the violations of requirements that have occurred.
occurred over the previous three years or during the length of
time the center has been operating, whichever is less. Demerits
shall be assigned for each occurrence of violations of these
requirements: supervision of children (6 points), staff/child ratio
(6 points), staff qualifications and training (2-5 points), health
and safety practices (3-6 points), discipline (6 points),
developmentally appropriate activities (2-4 points), adequate
space (6 points), nutrition and feeding practices (1-3 points),
program records (1-3 points), sanitation inspections (6 points),
and transportation (1-3 points), if applicable. The point value of
each demerit shall be based on the potential detriment to the
health and safety of children. A compliance history percentage
shall be calculated each year by subtracting the total number of
demerits from the total demerits possible and converting to a
percentage. The yearly compliance history percentage shall be
averaged over the specified time period as in accordance with
G.S. 110-90(4) three years for the compliance history percentage
referenced in this Rule. A copy of the Division compliance
history score sheet used to calculate the compliance history
percentage is available for review at the address given in Rule
.0102 of this Section.
Authority G.S. 110-88(5); 110-93; 143B-168.3; 150B-3.
10A NCAC 09 .0305 REQUIREMENTS FOR A ONE-STAR
RATED LICENSE FOR A CHILD CARE CENTER
(a) Prior to the issuance of an initial one-star rating, a center
shall comply with all minimum requirements in G.S. 110-91 and
this subchapter Chapter at the time the program is assessed.
(b) To maintain a one-star rated license, a program shall have a
compliance history of 60% or higher as assessed by the Division.
(c) The Division shall assess the compliance history of a center
by evaluating the violations of requirements that have occurred
over the previous three years or during the length of time the
center has been operating, whichever is less. Demerits shall be
assigned for each occurrence of violations of these requirements:
supervision of children (6 points), staff/child ratio (6 points),
staff qualifications and training (2-5 points), health and safety
practices (3-6 points), discipline (6 points), developmentally
appropriate activities (2-4 points), adequate space (6 points),
nutrition and feeding practices (1-3 points), program records (1-
3 points), sanitation inspections (6 points), and transportation (1-
3 points), if applicable. The point value of each demerit shall be
based on the potential detriment to the health and safety of
children. A compliance history percentage shall be calculated
each year by subtracting the total number of demerits from the
total demerits possible and converting to a percentage. The
yearly compliance history percentage shall be averaged over
three years for the compliance history percentage referenced in
this Rule. A copy of the Division compliance history score sheet
used to calculate the compliance history percentage is available
for review at the address given in Rule .0102 of this Section.
(d) A one-star rated license shall be issued to a child care center
that complies with the requirements described in this Rule.
(e) An "A" or "AA" license remains valid until action is taken to
change to a license with a star rating.
(f)(b) Nothing in this Section is to preclude or interfere with
issuance of an administrative action as allowed by G.S. 110 and
this Subchapter. Chapter.
Authority G.S. 110-90; 110-91; 143B-168.3.
SECTION .1600 - REQUIREMENTS FOR VOLUNTARY
ENHANCED PROGRAM STANDARDS
PROPOSED RULES
20:07 NORTH CAROLINA REGISTER October 3, 2005
458
NOTE: Pursuant to G.S. 150B-21.17, the Codifier has
determined that publication of the complete text of the rules
proposed for repeal is impractical. The text of the repealed rules
is accessible on the OAH Website: http//www.ncoah.com.
10A NCAC 09 .1601 ADMINISTRATIVE
POLICES REQUIRED
10A NCAC 09 .1602 OPERATIONAL AND
PERSONNEL POLCIES
10A NCAC 09 .1604 SPACE
REQUIREMENTS
10A NCAC 09 .1606 STAFF/CHILD RATIOS
10A NCAC 09 .1612 CAREGIVING ACTIVITIES FOR
PRESCHOOL-AGED CHILDREN
10A NCAC 09 .1613 PARENT
PARTICIPATION
10A NCAC 09 .1615 NIGHT CARE
Authority G.S. 110-88(7); 143B-168.3.
SECTION .2800 - VOLUNTARY RATED LICENSES
10A NCAC 09 .2801 SCOPE
(a) This Section shall apply to all child care facilities that have
achieved a voluntary rated license of two stars or higher or that
apply to be assessed for a voluntary rated license of two stars or
higher.
(b) A child care facility is eligible for a voluntary rated license
of two through five stars.
(c) No requirement in any component of a two-star or higher
rating shall be less than the requirements for a one-star rating
described in G.S. 110-91 and this Subchapter. Chapter. Prior to
issuance of an initial two through five star rating, all minimum
requirements in G.S. 110-91 and this Subchapter Chapter must
be in compliance at the time the program is assessed. The
requirements for a voluntary rated license of two stars or higher
are in addition to the minimum standards found in G.S. 110-91
and this Subchapter. Chapter.
(d) An "A" or "AA" license remains valid until action is taken to
change to a license with a star rating.
(d) Any program operating prior to January 1, 2006 may choose
to be assessed for a star rating as described in Rules .2803-.2816
of this Section until January 1, 2008, or until the operator
requests assessment of their star rating based on Rules .2817 -
.2823 of this Section.
(e) For any program that began operation after January 1, 2006
and applies for a voluntary rated license of two through five
stars, the rating shall be assessed according to Rules .2817 -
.2823 of this Section.
(e)(f) Nothing in this Section is to preclude or interfere with
issuance of an administrative action as allowed by G.S. 110 and
this Subchapter. Chapter.
Authority G.S. 110-88(7); 110-90(4); 143B-168.3.
10A NCAC 09 .2802 APPLICATION FOR A
VOLUNTARY RATED LICENSE
(a) After a licensed child care center or home has been in
operation for a minimum of six consecutive months, the
procedures in this Rule shall apply to request an initial two-through
five-star rated license or to request that a rating be
changed to a two- through five-star rated license.
(b) The operator shall submit a completed application to the
Division for a voluntary rated license on the form provided by
the Division.
(c) An operator may apply for a star rating based on the total
number of points achieved for each component of the voluntary
rated license. license (program standards, education standards,
and compliance history). In order to achieve a two- through
five-star rating, the minimum score achieved must be a least five
four points as follows:
(c) An operator may apply for a star rating based on the total
number of points achieved for each component of the voluntary
rated license. license (program standards, education standards,
and compliance history). In order to achieve a two- through
five-star rating, for a three component license the minimum
score achieved must be a least five points as follows:
TOTAL NUMBER RATING
OF POINTS
5 through 7 Two Stars
8 through 10 Three Stars
11 through 13 Four Stars
14

NORTH CAROLINA
REGISTER
Volume 20, Issue 07
Pages 426 - 597
October 3, 2005
This issue contains documents officially filed
through September 12, 2005.
Office of Administrative Hearings
Rules Division
424 North Blount Street (27601)
6714 Mail Service Center
Raleigh, NC 27699-6714
(919) 733-2678
FAX (919) 733-3462
Julian Mann III, Director
Camille Winston, Deputy Director
Molly Masich, Director of APA Services
Dana Sholes, Publication Coordinator
Linda Dupree, Editorial Assistant
Julie Brincefield, Editorial Assistant
IN THIS ISSUE
I. EXECUTIVE ORDERS
Executive Orders 81-89........................................432 - 447
II. IN ADDITION
DHHS-Social Services-Notice of Date Change .......426
For Public Hearing
DENR – Coastal Management – Notice of Date......427
Change for Public Hearing
Summary of Notice of Intent to Redevelop A
Brownfields Property
New Standard Corporation ...................................428
River Ventures, LLC............................................429
Notice of Application for Innovative Approval .......430
Of a Wastewater System
Public Notice of Rulemaking by the Industrial........431
Commission
III. PROPOSED RULES
Administration .......................................................445 - 454
Environment and Natural Resources
Environmental Management Commission ...........484 – 552
Radiation Protection Commission........................552 - 567
Health and Human Services
Child Care Commission .......................................454 – 477
Medical Care Commission ...................................477 – 484
State Personnel
State Personnel Commission ................................567 - 571
IV. EMERGENCY RULES
Labor
Mine and Quarry Division....................................572
Elevator and Amusement Division.......................573
V. RULES REVIEW COMMISSION.......................574 - 585
VI. CONTESTED CASE DECISIONS
Index to ALJ Decisions............................................586 - 589
Text of Selected Decisions
04 DST 2069 ........................................................590 – 597
For the CUMULATIVE INDEX to the NC Register go to:
http://reports.oah.state.nc.us/cumulativeIndex.pl
North Carolina Register is published semi-monthly for $195 per year by the Office of Administrative Hearings, 424 North Blount Street, Raleigh, NC
27601. North Carolina Register (ISSN 15200604) to mail at Periodicals Rates is paid at Raleigh, NC. POSTMASTER: Send Address changes to
the North Carolina Register, 6714 Mail Service Center, Raleigh, NC 27699-6714.
NORTH CAROLINA ADMINISTRATIVE CODE CLASSIFICATION SYSTEM
The North Carolina Administrative Code (NCAC) has four major classifications of rules. Three of these, titles, chapters, and sections are
mandatory. The major classification of the NCAC is the title. Each major department in the North Carolina executive branch of
government has been assigned a title number. Titles are further broken down into chapters which shall be numerical in order.
Subchapters are optional classifications to be used by agencies when appropriate.
NCAC TITLES TITLE 21
LICENSING BOARDS
TITLE 24
INDEPENDENT AGENCIES
1 ADMINISTRATION
2 AGRICULTURE & CONSUMER SERVICES
3 AUDITOR
4 COMMERCE
5 CORRECTION
6 COUNCIL OF STATE
7 CULTURAL RESOURCES
8 ELECTIONS
9 GOVERNOR
10A HEALTH AND HUMAN SERVICES
11 INSURANCE
12 JUSTICE
13 LABOR
14A CRIME CONTROL & PUBLIC SAFETY
15A ENVIRONMENT &NATURAL RESOURCES
16 PUBLIC EDUCATION
17 REVENUE
18 SECRETARY OF STATE
19A TRANSPORTATION
20 TREASURER
21* OCCUPATIONAL LICENSING BOARDS
22 ADMINISTRATIVE PROCEDURES
(REPEALED)
23 COMMUNITY COLLEGES
24* INDEPENDENT AGENCIES
25 STATE PERSONNEL
26 ADMINISTRATIVE HEARINGS
27 NC STATE BAR
28 JUVENILE JUSTICE AND DELINQUENCY
PREVENTION
1 Acupuncture
2 Architecture
3 Athletic Trainer Examiners
4 Auctioneers
6 Barber Examiners
8 Certified Public Accountant Examiners
10 Chiropractic Examiners
11 Employee Assistance Professionals
12 General Contractors
14 Cosmetic Art Examiners
16 Dental Examiners
17 Dietetics/Nutrition
18 Electrical Contractors
19 Electrolysis
20 Foresters
21 Geologists
22 Hearing Aid Dealers and Fitters
25 Interpreter/Transliterator
26 Landscape Architects
28 Landscape Contractors
29 Locksmith Licensing
30 Massage & Bodywork Therapy
31 Marital and Family Therapy
32 Medical Examiners
33 Midwifery Joint Committee
34 Funeral Service
36 Nursing
37 Nursing Home Administrators
38 Occupational Therapists
40 Opticians
42 Optometry
44 Osteopathic Examination (Repealed)
45 Pastoral Counselors, Fee-Based Practicing
46 Pharmacy
48 Physical Therapy Examiners
50 Plumbing, Heating & Fire Sprinkler
Contractors
52 Podiatry Examiners
53 Professional Counselors
54 Psychology
56 Professional Engineers & Land Surveyors
57 Real Estate Appraisal
58 Real Estate Commission
60 Refrigeration Examiners
61 Respiratory Care
62 Sanitarian Examiners
63 Social Work Certification
64 Speech & Language Pathologists &
Audiologists
65 Therapeutic Recreation Certification
66 Veterinary Medical
68 Substance Abuse Professionals
69 Soil Scientists
1 Housing Finance
2 Agricultural Finance Authority
3 Safety & Health Review
Board
4 Reserved
5 State Health Plan Purchasing
Alliance Board
Note: Title 21 contains the chapters of the various occupational licensing boards and Title 24 contains the chapters of independent agencies.
NORTH CAROLINA REGISTER
Publication Schedule for January 2005 – December 2005
FILING DEADLINES NOTICE OF TEXT PERMANENT RULE TEMPORARY
RULES
Volume &
issue
number
Issue date Last day
for filing
Earliest date for
public hearing
End of required
comment
period
Deadline to submit
to RRC
for review at
next meeting
Earliest Eff.
Date of
Permanent Rule
Delayed Eff. Date of
Permanent Rule
(first legislative
day of the next
regular session)
270th day from publication
in the Register
19:13 01/03/05 12/08/04 01/18/05 03/04/05 03/21/05 05/01/05 05/06 09/30/05
19:14 01/18/05 12/22/04 02/02/05 03/21/05 04/20/05 06/01/05 05/06 10/15/05
19:15 02/01/05 01/10/05 02/16/05 04/04/05 04/20/05 06/01/05 05/06 10/29/05
19:16 02/15/05 01/25/05 03/02/05 04/18/05 04/20/05 06/01/05 05/06 11/12/05
19:17 03/01/05 02/08/05 03/16/05 05/02/05 05/20/05 07/01/05 05/06 11/26/05
19:18 03/15/05 02/22/05 03/30/05 05/16/05 05/20/05 07/01/05 05/06 12/10/05
19:19 04/01/05 03/10/05 04/16/05 05/31/05 06/20/05 08/01/05 05/06 12/27/05
19:20 04/15/05 03/24/05 04/30/05 06/14/05 06/20/05 08/01/05 05/06 01/10/06
19:21 05/02/05 04/11/05 05/17/05 07/01/05 07/20/05 09/01/05 05/06 01/27/06
19:22 05/16/05 04/25/05 05/31/05 07/15/05 07/20/05 09/01/05 05/06 02/10/06
19:23 06/01/05 05/10/05 06/16/05 08/01/05 08/22/05 10/01/05 05/06 02/26/06
19:24 06/15/05 05/24/05 06/30/05 08/15/05 08/22/05 10/01/05 05/06 03/12/06
20:01 07/01/05 06/10/05 07/16/05 08/30/05 09/20/05 11/01/05 05/06 03/28/06
20:02 07/15/05 06/23/05 07/30/05 09/13/05 09/20/05 11/01/05 05/06 04/11/06
20:03 08/01/05 07/11/05 08/16/05 09/30/05 10/20/05 12/01/05 05/06 04/28/06
20:04 08/15/05 07/25/05 08/30/05 10/14/05 10/20/05 12/01/05 05/06 05/12/06
20:05 09/01/05 08/11/05 09/16/05 10/31/05 11/21/05 01/01/06 05/06 05/29/06
20:06 09/15/05 08/25/05 09/30/05 11/14/05 11/21/05 01/01/06 05/06 06/12/06
20:07 10/03/05 09/12/05 10/18/05 12/02/05 12/20/05 02/01/06 05/06 06/30/06
20:08 10/17/05 09/26/05 11/01/05 12/16/05 12/20/05 02/01/06 05/06 07/14/06
20:09 11/01/05 10/11/05 11/16/05 01/03/06 01/20/06 03/01/06 05/06 07/29/06
20:10 11/15/05 10/24/05 11/30/05 01/17/06 01/20/06 03/01/06 05/06 08/12/06
20:11 12/01/05 11/07/05 12/16/05 01/30/06 02/20/06 04/01/06 05/06 08/28/06
20:12 12/15/05 11/22/05 12/30/05 02/13/06 02/20/06 04/01/06 05/06 09/11/06
EXPLANATION OF THE PUBLICATION SCHEDULE
This Publication Schedule is prepared by the Office of Administrative Hearings as a public service and the computation of time periods are not to be deemed binding or controlling.
Time is computed according to 26 NCAC 2C .0302 and the Rules of Civil Procedure, Rule 6.
GENERAL
The North Carolina Register shall be published twice
a month and contains the following information
submitted for publication by a state agency:
(1) temporary rules;
(2) notices of rule-making proceedings;
(3) text of proposed rules;
(4) text of permanent rules approved by the Rules
Review Commission;
(5) notices of receipt of a petition for municipal
incorporation, as required by G.S. 120-165;
(6) Executive Orders of the Governor;
(7) final decision letters from the U.S. Attorney
General concerning changes in laws affecting
voting in a jurisdiction subject of Section 5 of
the Voting Rights Act of 1965, as required by
G.S. 120-30.9H;
(8) orders of the Tax Review Board issued under
G.S. 105-241.2; and
(9) other information the Codifier of Rules
determines to be helpful to the public.
COMPUTING TIME: In computing time in the
schedule, the day of publication of the North Carolina
Register is not included. The last day of the period so
computed is included, unless it is a Saturday, Sunday,
or State holiday, in which event the period runs until
the preceding day which is not a Saturday, Sunday, or
State holiday.
FILING DEADLINES
ISSUE DATE: The Register is published on the first
and fifteen of each month if the first or fifteenth of
the month is not a Saturday, Sunday, or State holiday
for employees mandated by the State Personnel
Commission. If the first or fifteenth of any month is
a Saturday, Sunday, or a holiday for State employees,
the North Carolina Register issue for that day will be
published on the day of that month after the first or
fifteenth that is not a Saturday, Sunday, or holiday for
State employees.
LAST DAY FOR FILING: The last day for filing for any
issue is 15 days before the issue date excluding
Saturdays, Sundays, and holidays for State
employees.
NOTICE OF TEXT
EARLIEST DATE FOR PUBLIC HEARING: The hearing
date shall be at least 15 days after the date a notice of
the hearing is published.
END OF REQUIRED COMMENT PERIOD
An agency shall accept comments on the text of a
proposed rule for at least 60 days after the text is
published or until the date of any public hearings held
on the proposed rule, whichever is longer.
DEADLINE TO SUBMIT TO THE RULES REVIEW
COMMISSION: The Commission shall review a rule
submitted to it on or before the twentieth of a month
by the last day of the next month.
FIRST LEGISLATIVE DAY OF THE NEXT REGULAR
SESSION OF THE GENERAL ASSEMBLY: This date is
the first legislative day of the next regular session of
the General Assembly following approval of the rule
by the Rules Review Commission. See G.S. 150B-
21.3, Effective date of rules.
IN ADDITION
20:07 NORTH CAROLINA REGISTER October 3, 2005
426
Note from the Codifier: This Section contains public notices that are required to be published in the Register or have been
approved by the Codifier of Rules for publication.
NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES
DIVISION OF SOCIAL SERVICES
SOCIAL SERVICES COMMISSION
NOTICE OF DATE CHANGE FOR PUBLIC HEARING
Due to the Annual Social Services Institute Conference being held October 10-14, 2005, the NC Social Services Commission changed
the October 12th meeting to October 19, 2005, at 10:00a.m., in the Albemarle building on the 8th floor, located at 325 North Salisbury
Street, Raleigh, North Carolina.
This date change affects the public hearing date for Division of Social Services-Contract Services rules: 10A NCAC 67B .0201-0204;
.0301-0302; .0401-0404; and .0501-.0505. This public hearing date is noted in the NC Register, Volume 20, Issue 05, pages 244-246.
The new date of the public hearing for these rules will be determined at the October 19, 2005 Social Services Commission meeting.
The public hearing date will be announced in the NC Register published November 1, 2005.
IN ADDITION
20:07 NORTH CAROLINA REGISTER October 3, 2005
427
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
NOTICE OF DATE CHANGE FOR PUBLIC HEARING
The public hearing for the proposed amendments of 15A NCAC 07B .0801-.0802 and .0901, 07H .0207 and .0308, as published on
pages 186-194 of the August 15, 2005 issue of the Register, has been rescheduled as follows:
Date: November 17, 2005
Time: 5:00 p.m.
Location: Blockade Runner, 275 Waynick Blvd., Wrightsville Beach, NC 28480
IN ADDITION
20:07 NORTH CAROLINA REGISTER October 3, 2005
428
SUMMARY OF NOTICE OF
INTENT TO REDEVELOP A BROWNFIELDS PROPERTY
New Standard Corporation
Pursuant to N.C.G.S. § 130A-310.34, New Standard Corporation has filed with the North Carolina Department of
Environment and Natural Resources (“DENR”) a Notice of Intent to Redevelop a Brownfields Property (“Property”) in Rocky Mount,
Nash County, North Carolina. The Property, which is known as the former Fontaine 5th Wheel site, consists of approximately five (5)
acres at 3883 South Church Street. Environmental contamination exists on the Property in the soil and groundwater. New Standard
Corporation has committed itself to redevelopment for no uses other than metal stamping, powder coating, finishing, fabrication and
assembly operations, and front office, warehousing and shipping operations associated with the foregoing. The Notice of Intent to
Redevelop a Brownfields Property includes: (1) a proposed Brownfields Agreement between DENR and New Standard Corporation,
which in turn includes (a) a map showing the location of the Property, (b) a description of the contaminants involved and their
concentrations in the media of the Property, (c) the above-stated description of the intended future use of the Property, and (d)
proposed investigation and remediation; and (2) a proposed Notice of Brownfields Property prepared in accordance with G.S. 130A-
310.35.
The full Notice of Intent to Redevelop a Brownfields Property may be reviewed at the Braswell Memorial Library, 727 North
Grace Street, Rocky Mount, NC 27804 by contacting Brenda Green at that address or at (252) 442-1951, extension 245; or at 401
Oberlin Rd., Raleigh, NC 27605 by contacting Shirley Liggins at that address, at shirley.liggins@ncmail.net, or at (919) 508-8411,
where DENR will provide auxiliary aids and services for persons with disabilities who wish to review the documents.
Written public comments may be submitted to DENR within 60 days after the date this Notice is published in a newspaper of
general circulation serving the area in which the brownfields property is located, or in the North Carolina Register, whichever is later.
Written requests for a public meeting may be submitted to DENR within 30 days after the period for written public comments begins.
Thus, if New Standard Corporation, as it plans, publishes this Summary in the North Carolina Register after it publishes the Summary
in a newspaper of general circulation serving the area in which the brownfields property is located, and if it effects publication of this
Summary in the North Carolina Register on the date it expects to do so, the periods for submitting written requests for a public
meeting regarding this project and for submitting written public comments will commence on October 4, 2005. All such comments
and requests should be addressed as follows:
Mr. Bruce Nicholson
Brownfields Program Manager
Division of Waste Management
NC Department of Environment and Natural Resources
401 Oberlin Road, Suite 150
Raleigh, North Carolina 27605
IN ADDITION
20:07 NORTH CAROLINA REGISTER October 3, 2005
429
SUMMARY OF NOTICE OF
INTENT TO REDEVELOP A BROWNFIELDS PROPERTY
River Ventures, LLC
Pursuant to N.C.G.S. § 130A-310.34, River Ventures, LLC has filed with the North Carolina Department of Environment and
Natural Resources (“DENR”) a Notice of Intent to Redevelop a Brownfields Property (“Property”) in Wilmington, New Hanover
County, North Carolina. The Property, formerly a portion of an Almont Shipping Company site, consists of 7.48 acres and is located
at the intersection of Harnett and Front Streets. It is bordered to the north by Harnett Street, across which lies an earthen bermed area
that surrounded the former CSX Railroad (diesel fuel) tank farm; to the south and west by the remainder of the Almont Shipping
property; and to the east by Front Street, across which lies a Cape Fear Community College parking lot.
River Ventures, LLC has committed itself to commercial use of the Property, including but not necessarily limited to office
space and retail establishments, including restaurants. The Notice of Intent to Redevelop a Brownfields Property includes: (1) a
proposed Brownfields Agreement between DENR and River Ventures, LLC, which in turn includes (a) a map showing the location of
the Property, (b) a description of the contaminants involved and their concentrations in the media of the Property, (c) the above-stated
description of the intended future use of the Property, and (d) proposed investigation and remediation; and (2) a proposed Notice of
Brownfields Property prepared in accordance with G.S. 130A-310.35. The full Notice of Intent to Redevelop a Brownfields Property
may be reviewed at the New Hanover County Public Library, 201 Chestnut Street, Wilmington, NC 28401, by contacting Mr. Robert
Cox, Reference Supervisor, at that address, at (910) 798-6301 or at rcox@nhcgov.com, or at 401 Oberlin Rd., Raleigh, NC 27605,
where DENR will provide auxiliary aids and services for persons with disabilities who wish to review the documents, by contacting
Shirley Liggins at that address, at (919) 508-8411 or at shirley.liggins@ncmail.net. Written public comments may be submitted to
DENR within 60 days after the date this Notice is published in a newspaper of general circulation serving the area in which the
brownfields property is located, or in the North Carolina Register, whichever is later.
Written requests for a public meeting may be submitted to DENR within 30 days after the period for written public comments
begins. All such comments and requests should be addressed as follows:
Mr. Bruce Nicholson
Brownfields Program Manager
Division of Waste Management
NC Department of Environment and Natural Resources
401 Oberlin Road, Suite 150
Raleigh, North Carolina 27605
Deadline to request public meeting: Nov. 2, 2005
Deadline to submit comments: Dec. 2, 2005
IN ADDITION
20:07 NORTH CAROLINA REGISTER October 3, 2005
430
Notice of Application for Innovative Approval of a Wastewater System for On-site Subsurface Use
Pursuant to NCGS 130A-343(g), the North Carolina Department of Environment and Natural Resources (DENR) shall publish a
Notice in the NC Register that a manufacturer has submitted a request for approval of a wastewater system, component, or device for
on-site subsurface use. The following applications have been submitted to DENR:
Application by: Robert E. Mayer, P.E.
American Manufacturing Company, Inc.
P.O. Box 549
Manassas, VA 20108-0549
800-345-3132
For: Revised Innovative Approval for "American Perc-Rite" Subsurface drip wastewater dispersal system
And:
Application by Carl Thompson
Infiltrator System, Inc.
P.O. Box 768
Old Saybrook, CT 06475
800-221-4436
For: Revised Innovative Approval for “Infiltrator” chambered subsurface wastewater systems
DENR Contact: Dr. Robert Uebler
1-252-946-6481
FAX 252-975-3716
bob.uebler@ncmail.net
These applications may be reviewed by contacting the applicant or at 2728 Capital Blvd., Raleigh, NC, On-Site Wastewater Section,
Division of Environmental Health. Draft proposed innovative approvals and proposed final action on the application by DENR can be
viewed on the On-Site Wastewater Section web site: www.deh.enr.state.nc/oww/.
Written public comments may be submitted to DENR within 30 days of the date of the Notice publication in the North Carolina
Register. All written comments should be submitted to Mr. Andy Adams, Chief, On-site Wastewater Section, 1642 Mail Service
Center, Raleigh, NC 27699-1642, or andy.adams@ncmail.net, or Fax 919.715.3227. Written comments received by DENR in
accordance with this Notice will be taken into consideration before a final agency decision is made on the innovative subsurface
wastewater system application.
IN ADDITION
20:07 NORTH CAROLINA REGISTER October 3, 2005
431
PUBLIC NOTICE OF RULE-MAKING BY THE
NORTH CAROLINA INDUSTRIAL COMMISSION
CONCERNING ESTABLISHMENT OF FEE SCHEDULE FOR FILING AND REVIEW OF
FORM 21 AND 26 AGREEMENTS IN Workers’ Compensation Cases
NOTICE IS HEREBY GIVEN that, pursuant to N.C. Gen. Stat. §97-73, the North Carolina Industrial Commission will hold a public
hearing on the establishment of the following fee:
Filing and review of Form 21 or 26 agreement $125.00
The Commission is proposing to promulgate by rule Minutes adopted on August 24, 2005. The Commission solicits oral and written
comments of all interested persons, firms, and organizations wishing to comment concerning any aspect of the proposed fee.
SUCH PUBLIC HEARING will be held on October 18, 2005, beginning at 9:30 a.m. in the Industrial Commission Hearing Room,
second floor, Room 2173, Dobbs Building, 430 N. Salisbury Street, Raleigh, NC, during which the Commission will hear the verbal
comments of persons scheduled to speak. Those desiring to make an oral presentation, not to exceed 10 minutes in length, should
submit a request on or before October 11, 2005. Speakers at the public hearing are encouraged to prepare a written summary of
remarks for the use of the Commission.
WRITTEN COMMENTS, REQUESTS FOR A COPY OF THE PROPOSED FEE SCHEDULE AND REQUESTS FOR ORAL
PRESENTATIONS SHOULD BE ADDRESSED TO MS. CHRYSTINA KESLER, 4340 MAIL SERVICE CENTER, RALEIGH,
NC 27699-4340, OR MADE BY TELEPHONE CALL TO MS. CHRYSTINA KESLER AT (919) 807-2510. COPIES OF THE
PROPOSED FEE SCHEDULE MAY ALSO BE OBTAINED ON THE INDUSTRIAL COMMISSION’S WEBSITE:
http://www.comp.state.nc.us/ncichome.htm.
WRITTEN COMMENTS SHOULD BE FAXED TO (919) 715-0283 OR MAILED TO 4340 MAIL SERVICE CENTER,
RALEIGH, NC 27699-4340 NO LATER THAN NOVEMBER 18, 2005.
THIS THE 12TH DAY OF SEPTEMBER, 2005.
_____________________________
BUCK LATTIMORE, CHAIRMAN
EXECUTIVE ORDERS
20:07 NORTH CAROLINA REGISTER October 3, 2005
432
EXECUTIVE ORDER NO. 81
EMERGENCY RELIEF FOR DAMAGE
CAUSED BY HURRICANE KATRINA
WHEREAS, the Governors of Florida, Mississippi, Alabama and Louisiana have proclaimed that a State of Emergency and
a State of Disaster exists in these states due to Hurricane Katrina and thereby, have requested that States, through which property
carrying vehicles regulated by size and weight laws, allow exemptions of said laws when vehicles traveling through such states are
bearing equipment and supplies to provide relief to the disaster stricken areas in the above States; and;
WHEREAS, under the provisions of N.C.G.S. §§ 166A-4 and 166A-6(c)(3) the Governor of North Carolina, with the
concurrence of the Council of State, may regulate and control the flow of vehicular traffic and the operation of transportation services;
and
WHEREAS, with the concurrence of the Council of State, I have found that vehicles bearing equipment and supplies to
relieve Florida, Mississippi, Alabama and Louisiana��s grief stricken areas must adhere to the registration requirements of N.C.G.S. ��
20-86.1 and N.C.G.S. § 20-382, fuel tax requirements of N.C.G.S. § 105-449.47, and the size and weight requirements of N.C.G.S. §
20-116 and N.C.G.S. § 20-118; I have further found that citizens in those states have suffered losses and, the imminent threat of
further widespread damage within the meaning of N.C.G.S. § 166-A-4(3) will occur,
NOW, THEREFORE, pursuant to the authority vested in me as Governor by the Constitution and the laws of the State of
North Carolina, and with the concurrence of the Council of State, IT IS ORDERED;
Section 1. The Department of Crime Control & Public Safety in conjunction with the N.C. Department of Transportation
shall waive certain size and weight restrictions and penalties therefore arising under N.C.G.S. § 20-116 and N.C.G.S. § 20-118 and
certain registration requirements and penalties therefore arising under N.C.G.S. §§ 20-86.1,20-382,105-449.47 and 105-449.49 for the
vehicles transporting food, fuel, equipment, and supplies along North Carolina��s Interstate roadways en route to Florida, Mississippi,
Alabama and Louisiana’s grief stricken areas.
Section 2. Notwithstanding the waivers set forth above, size and weight restrictions and penalties have not been waived
under the following conditions:
(A) When the vehicle weight exceeds the maximum gross weight criteria established by the manufacturer (GVWR) or
90,000 pounds gross weight, whichever is less.
(B) When the tandem axle weight exceeds 42,000 pounds and the single axle weight exceeds 22,000 pounds.
(C) When a vehicle/vehicle combination exceeds 12 feet in width and a total overall vehicle combination length 75 feet
from bumper to bumper.
Section 3. Vehicles referenced under Section 1 shall be exempt from the following registration and fee requirements:
(A) The $50.00 fee listed in N.C.G.S. § 105-449.49 for a temporary trip permit is waived for the vehicles described
above. No quarterly fuel tax is required because the exception in N.C.G.S. §105-449.45(a)(1) applies.
(B) The registration requirements under N.C.G.S. § 20-382 concerning intrastate and interstate for-hire authority is
waived; however, vehicles shall maintain the required limits of insurance as required.
(C) Non-participants in North Carolina’s International Registration Plan will be permitted into North Carolina in
accordance with the exemptions identified by this Executive Order.
(D) The $200.00 fee listed in N.C.G.S. § 20-119 for an annual permit to transport mobile homes only applies to mobile
homes being transported under contract with the Federal Emergency Management Agency (FEMA) as part of the
disaster relief effort. Transporters moving mobile homes under this section are exempted from the requirement to
enter Weigh Stations as required under N.C.G.S. § 20-118.1. However, these same transporters shall have in the
transport vehicle a copy of the Transport Authorization letter from FEMA, the annual permit from the North
Carolina Department of Transportation and the manufacturer’s bill of laden for the mobile home being transported.
This does not exempt transporters from the requirements of the regulations regarding escorts, flags, signs and other
safety requirements
EXECUTIVE ORDERS
20:07 NORTH CAROLINA REGISTER October 3, 2005
433
Section 4. The size and weight exemption for vehicles will be allowed on all North Carolina Interstate only.
Section 5. The waiver of regulations under 49 CFR (Federal Motor Carrier Safety Regulations) issued by the states of
Florida, Mississippi, Alabama and Louisiana does not apply to the CDL and Insurance Requirements. This waiver shall be in effect
for 60 days or the duration of the emergency, whichever is less.
Section 6. The North Carolina State Highway Patrol shall enforce the conditions set forth in Sections 1, 2, and 3 in such a
manner, as to best accomplish the implementation of this rule without endangering the motoring public in North Carolina.
Section 7. Upon request, exempted vehicles will be required to produce identification sufficient to establish that its load will be used
for emergency relief efforts associated with Hurricane Katrina.
This Executive Order is effective immediately and shall remain in effect for sixty (60) days or the duration of the emergency
whichever is less.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Great Seal of the State of North Carolina at the
Capitol in the City of Raleigh this 1st day of September, 2005.
__________________________________________
Michael F. Easley
Governor
ATTEST:
__________________________________________
Elaine F. Marshall
Secretary of State
EXECUTIVE ORDERS
20:07 NORTH CAROLINA REGISTER October 3, 2005
434
EXECUTIVE ORDER NO. 82
PROCLAMATION OF STATE EMERGENCY
DUE TO HURRICANE KATRINA
WHEREAS, I have determined that a State of Emergency, as defined in N.C.G.S.§§ 166A-4(3) and G.S. 14-288.1(10),
exists in the State of North Carolina, as North Carolina conducts humanitarian relief efforts to support the states affected by the
devastation brought about by Hurricane Katrina, which began on August 29, 2005;
WHEREAS, it is anticipated that those affected by the devastation of Hurricane Katrina will need and seek assistance for an
unspecified period of time: and
NOW THEREFORE, pursuant to the authority vested in me as Governor by the Constitution and the law of the State of
North Carolina, IT IS ORDERED:
Section 1. Pursuant to N.C.G.S. §§ 166A-6 and 14-288.15, I, therefore, proclaim the existence of a State of Emergency in
the State of North Carolina.
Section 2. I hereby order all state and local government entities and agencies to cooperate in the implementation of the
provisions of this proclamation and the provisions of the North Carolina Emergency Operations Plan.
Section 3. I hereby delegate to Bryan E. Beatty, Secretary of Crime Control and Public Safety, and/or his designee, all power
and authority granted to me and required of me by Chapter 166A, and Article 36A of Chapter 14 of the General Statutes for the
purpose of implementing the said Emergency Operations Plan and to take such further action as is necessary to promote and secure the
safety and protection of the populace in the State.
Section 4. Further, Bryan E. Beatty, Secretary of Crime Control and Public Safety, as chief coordinating officer for the State
of North Carolina, shall exercise the powers prescribed in N.C.G.S. § 143B-476.
Section 5. I hereby order this proclamation: (a) to be distributed to others as necessary to assure proper implementation of
this proclamation; and, (b) unless the circumstances of the state of emergency prevent or impede, to be promptly filed with the
Secretary of Crime Control and Public Safety, the Secretary of State, and the clerks of superior court in the counties to which it
applies.
Section 6. This proclamation shall become effective immediately and shall continue until it is terminated in writing.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Great Seal of the State of North Carolina at the
Capital in Raleigh this 3rd day of September 2005.
______________________________
MICHAEL F. EASLEY
GOVERNOR
ATTEST:
______________________________
ELAINE F. MARSHALL
SECRETARY OF STATE
EXECUTIVE ORDERS
20:07 NORTH CAROLINA REGISTER October 3, 2005
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EXECUTIVE ORDER NO. 83
JUVENILE JUSTICE PLANNING COMMITTEE
WHEREAS, the Executive Organization Act of 1973 established the Governor’s Crime Commission; and,
WHEREAS, North Carolina General Statute §143B-480, creates the Juvenile Justice Planning Committee as an adjunct
committee to advise the Governor’s Crime Commission on matters referred to it which are relevant to juvenile justice; and
WHEREAS, pursuant to North Carolina General Statute §143B-480, the composition of the Juvenile Justice Planning
Committee shall be designated by the Governor through executive order; and
WHEREAS, the federal Juvenile Justice and Delinquency Act of 1974, as amended, requires states to establish advisory
boards to administer juvenile justice and delinquency prevention grants from the United States Department of Justice; and
WHEREAS, the Juvenile Justice Planning Committee is ideally suited to serve as such an advisory board consistent with
federal law.
NOW, THEREFORE, pursuant to the authority vested in me as Governor by the Constitution and laws of the State of North
Carolina, IT IS ORDERED:
Section 1. Membership Composition
The Juvenile Justice Planning Committee shall consist of no less than 15 and no more than 33 members each appointed by
the Governor and each having training, experience, or special knowledge concerning the prevention and treatment of juvenile
delinquency or the administration of juvenile justice.
The majority of the members, as well as the chair, shall not be full-time employees of federal, state, or local government. At
least one-fifth of the members shall be under the age of twenty-four at the time of appointment and at least three members shall be
currently or have been under the jurisdiction of the juvenile justice system.
The Governor shall appoint at least one representative from the following:
1. Elected officials representing general purpose local government.
2. Representatives of law enforcement and juvenile justice agencies, which may include: a juvenile or family court judge, a
juvenile or local prosecutor, a counsel for children and youth, or a probation worker.
3. Representatives of public agencies concerned with delinquency prevention, which may include: a social services agency, a
mental health agency, a state education agency, a special education program, a recreation program, or a youth services
agency.
4. Private non-profit agencies working with children.
5. Volunteers who work with delinquents or potential delinquents.
6. Youth workers in alternative programs.
7. Programs providing alternatives to suspension and expulsion.
8. Persons with special experience relating to learning disabilities, emotional difficulties, child abuse and neglect, and youth
violence.
9. State or local police departments.
10. Local sheriff’s departments.
11. Private non-profit, victim’s advocacy organizations (guardian ad litem).
12. Non-profit religious or community groups.
Section 2. Terms of Service
The terms of service for the members shall be for two-years provided, however, that the Governor may remove any member at any
time for misfeasance, malfeasance or nonfeasance if necessary and to ensure continued compliance with federal requirements.
Section 3. Chair
The chair of the Juvenile Justice Planning Committee shall be designated by, and shall serve at the pleasure of, the chair of the
Governor’s Crime Commission.
Section 4. Meetings
The Juvenile Justice Planning Committee shall meet upon the call of the chair or upon written request of one-third of its
membership. A majority of the committee shall constitute a quorum for the transaction of business.
Section 5. Administration of Federal Grants
The Juvenile Justice Planning Committee shall serve as North Carolina’s advisory board for purposes of administering juvenile
justice and delinquency prevention grants from the Department of Justice.
Section 6. Duration
This executive order shall be effective immediately and shall remain in effect until rescinded by the Governor.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Great Seal of the State of North Carolina at the Capitol in
Raleigh, this the 7th day of September 2005.
__________________________________________
Michael F. Easley
Governor
ATTEST: __________________________________________
Elaine F. Marshall
Secretary of State
EXECUTIVE ORDERS
20:07 NORTH CAROLINA REGISTER October 3, 2005
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EXECUTIVE ORDER NO. 84
NORTH CAROLINA EMERGENCY RESPONSE COMMISSION
By the authority vested in me as Governor by the Constitution and laws of the State of North Carolina, IT IS ORDERED:
Section 1. Creation
There is hereby created the North Carolina Emergency Response Commission, hereinafter referred to as the “Commission.”
The Commission shall consist of not less than twelve members and shall be composed of at least the following persons:
a. Secretary, North Carolina Department of Crime Control and Public Safety, who shall serve as the Chairperson;
b. Director, Division of Emergency Management, North Carolina Department of Crime Control and Public Safety, who
shall serve as the Vice-Chairperson;
c. Commander, State Highway Patrol, North Carolina Department of Crime Control and Public Safety;
d. Deputy Secretary, North Carolina Department of Environment and Natural Resources;
e. Director, Division of Safety and Loss Control, North Carolina Department of Transportation;
f. Chief, Office of Emergency Medical Services, Division of Facility Services, North Carolina Department of Health
and Human Services;
g. Deputy Director, Training and Inspections Division, Office of State Fire Marshal, North Carolina Department of
Insurance;
h. Director, State Bureau of Investigation, North Carolina Department of Justice;
i. Director, Division of Public Health, North Carolina Department of Health and Human Services;
j. Assistant Deputy Commissioner of Labor for Occupational Safety and Health, North Carolina Department of Labor;
k. President, North Carolina Community College System; or
l. Director, Emergency Programs Division, North Carolina Department of Agriculture and Consumer Services.
In addition to the foregoing, six at-large members from local government and private industry may be appointed by the
Governor and serve terms of two (2) years at the pleasure of the Governor.
Section 2. Duties
The Commission is designated as the State Emergency Response Commission as described in the Emergency Planning and
Community Right-to-Know Act of 1986 as enacted by the United States Congress (hereinafter, the “Act”) and shall perform all duties
required of it under the Act, including, but not limited to, the following:
a. Appoint local emergency planning committees described under Section 301(c) of the Act and supervise and
coordinate the activities of such committees.
b. Establish procedures for reviewing and processing requests from the public for information under Section 324 of the
Act.
c. Designate emergency planning districts to facilitate preparation and implementation of emergency plans as required
under Section 301(b) of the Act.
d. Designate additional facilities that may be subject to the Act under Section 302 of the Act.
e. Notify the Administrator of the Environmental Protection Agency of facilities subject to the requirements of Section
302 of the Act.
f. Review the emergency plans submitted by local emergency planning committees and make recommendations to the
committees on revisions of the plans that may be necessary to ensure coordination of such plans with emergency
response plans of other emergency planning districts.
g. Review plans for preventing, preparing, responding, and recovering from acts of terrorism.
Section 3. Administration
a. The Department of Crime Control and Public Safety shall provide administrative support and staff as may be
required.
b. Members of the Commission shall serve without compensation but may receive reimbursement for travel and
subsistence expenses in accordance with state guidelines and procedures and contingent on the availability of funds.
This Executive Order is effective immediately and shall remain in effect until rescinded by the Governor.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Great Seal of the State of North Carolina at the
Capitol in Raleigh, this the 7th day of September 2005.
__________________________________________
Michael F. Easley
Governor
ATTEST: __________________________________________
Elaine F. Marshall
Secretary of State
EXECUTIVE ORDERS
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437
EXECUTIVE ORDER NO. 85
GOVERNOR’S ADVISORY COUNCIL ON HISPANIC/LATINO AFFAIRS
WHEREAS, the Hispanic/Latino community plays a vital role in the economy of North Carolina; and
WHEREAS, North Carolina has experienced a tremendous increase of Hispanic/Latino residents into the state; and
WHEREAS, the Hispanic/Latino community is contributing to the economic development and progress of the state by
working in different sectors of the labor market and by participating in civic affairs; and
WHEREAS, many unique challenges confront the Hispanic/Latino community as they attempt to access housing, health
care, and employment services; and
WHEREAS, the state should promote and encourage collaboration and collaborative planning and delivery of services
among state agencies that serve the Hispanic/Latino community.
NOW, THEREFORE, pursuant to the authority vested in me as Governor by the Constitution and laws of the State of North
Carolina, IT IS ORDERED:
Section 1. Membership Composition
The Governor’s Advisory Council on Hispanic/Latino Affairs is hereby established. It shall be composed of 15 voting
members who shall serve at the pleasure of the Governor. In addition to the 15 appointed members, the following or their designees
shall serve as ex-officio, non-voting members:
a. The Secretary of the Department of Administration
b. The Secretary of the Department of Commerce
c. The Secretary of the Department of Health and Human Services;
d. The Secretary of the Department of Crime Control and Public Safety;
e. The Governor’s Senior Advisor on Community Affairs;
f. The Governor's Legal Counsel;
g. The Commissioner of the Division of Motor Vehicles; and
h. The Chairman of the Employment Security Commission.
The following individuals, or their designees, are invited to serve as ex-officio, non-voting members of the Advisory Council:
a. The Commissioner of the North Carolina Department of Agriculture and Consumer Services;
b. The Commissioner of Labor;
c. The Attorney General,
d. The Superintendent of Public Instruction; and
e. The Honorary Consul of Mexico.
Section 2. Meetings
The Advisory Council shall meet quarterly or at the call of the chair. The chair shall set the agenda for the Advisory
Council’s meetings. The Advisory Council may establish such committees or other working groups as are necessary to assist in
performing its duties.
Section 3. Duties
The Advisory Council shall have the following duties:
a. Advise the Governor on issues relating to the Hispanic/Latino community in North Carolina;
b. Support state efforts toward the improvement of race and ethnic relations;
c. Provide a forum for the discussion of issues concerning the Hispanic/Latino community in North Carolina;
d. Promote cooperation and understanding between the Hispanic/Latino community, the general public, the state,
federal, and local governments; and
e. Perform other duties as directed by the Governor.
Section 4. Administration
Support staff for the Advisory Council shall be provided by the Governor’s Office and other cabinet departments as directed
by the Governor. Members shall serve without compensation, but may receive reimbursement, contingent upon the availability of
funds, for travel and subsistence in accordance with North Carolina General Statutes §§138-5, 138-6, and 120-3.1
EXECUTIVE ORDERS
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This executive order shall be effective immediately and shall remain in effect until rescinded.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Great Seal of the State of North Carolina at the
Capitol in Raleigh, this the 7th day of September 2005.
__________________________________________
Michael F. Easley
Governor
ATTEST:
__________________________________________
Elaine F. Marshall
Secretary of State
EXECUTIVE ORDERS
20:07 NORTH CAROLINA REGISTER October 3, 2005
439
EXECUTIVE ORDER NO. 86
STATEWIDE FLEXIBLE BENEFITS PROGRAM
WHEREAS, State employees are an important resource to State government; and
WHEREAS, the State needs to provide a uniform competitive compensation package that includes an up-to-date benefits
program in order to maintain its competitive edge with businesses and other states in its region; and
WHEREAS, the State needs to provide the same tax-advantaged benefits to all State employees, regardless of the agency,
department, or university where they work; and
WHEREAS, the reasonable cost of administering an efficiently designed flexible benefits program could be recovered by the
savings associated with such a program;
NOW, THEREFORE, by the power vested in me as Governor by the Constitution and laws of the State of North Carolina,
IT IS ORDERED:
Section 1. Policy.
A statewide employee flexible benefits coordination effort is hereby formalized for the purpose of administering these
benefits to employees and to promote the development and maintenance of a competitive compensation package for all State
employees.
Section 2. Administration.
There is created within the Office of State Personnel a Statewide Employee Flexible Benefits Program (SEFBP). The State
Personnel Director shall be responsible for central flexible benefits coordination for all State employees. The administration of the
statewide flexible benefits plan shall become the responsibility of SEFBP. This program shall begin the process of assessing the
flexible benefits plan design, administrative procedures, administrative capabilities, and communications needs for the implementation
of a comprehensive statewide flexible benefits plan. These responsibilities include, but are not limited to the following:
a. implementing the Statewide Flexible Benefits Plan;
b. administering contracts for supplemental insurance carriers and third party administrators for spending accounts and
premium conversion plans participating in the SEFBP;
c. coordinating administration of spending accounts;
d. coordinating enrollment and communication efforts concerning the SEFBP and other benefit programs;
e. coordinating the Statewide Flexible Benefits Advisory Committee; and
f. speaking on behalf of State government flexible benefits in the Legislature.
Section 3. Statewide Flexible Benefits Advisory Committee.
There is hereby established a Statewide Flexible Benefits Advisory Committee (FBAC) for the purpose of assisting the State
in developing and maintaining an effective flexible benefits plan for State employees. The FBAC shall make recommendations to the
State Personnel Director concerning the administration of the Flexible Benefits Plan and the components of the flexible benefits
package for State employees.
Section 4. Duties of the FBAC.
The FBAC shall be responsible for the following:
a. assisting the SEFBP in developing administrative functions;
b. reviewing existing flexible benefit programs in State government;
c. recommending pre-tax benefits to be included in the SEFBP;
d. assisting in reviewing contracts and administering spending accounts; and
e. undertaking other functions as necessary.
Section 5. Membership.
The membership of the FBAC shall consist of 14 members and three ex-officio members. Members shall be appointed to a
three-year staggered term. Members are as follows:
a. a representative from the State Controller’s Office;
b. a representative from the State Treasurer’s Office;
c. a representative from the State Budget Office;
EXECUTIVE ORDERS
20:07 NORTH CAROLINA REGISTER October 3, 2005
440
d. a representative from the Attorney General’s Office;
e. a representative from the State Health Benefits Office;
f. a representative from the Administrative Office of the Courts;
g. a representative from the Department of Environment and Natural Resources;
h. a representative from the University of North Carolina System;
i. a representative from the State Employees Association;
j. a representative from the Department of Health and Human Services;
k. a representative from the Department of Transportation
l. a representative from the Department of Correction; and
m. two representatives of the private sector.
One representative each from the Department of Public Instruction and the Community College System shall serve as voting
members. The SEFBP Manager shall serve as a voting ex officio member and provide support staff as required.
The Director of the Office of State Personnel shall appoint a Chair from among the membership for a one-year term.
This Executive Order is effective immediately and shall remain in effect until rescinded by the Governor.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Great Seal of the State of North Carolina at the
Capitol in Raleigh, this the 7th day of September 2005.
__________________________________________
Michael F. Easley
Governor
ATTEST:
__________________________________________
Elaine F. Marshall
Secretary of State
EXECUTIVE ORDERS
20:07 NORTH CAROLINA REGISTER October 3, 2005
441
EXECUTIVE ORDER NO. 87
AMENDING EXECUTIVE ORDER NO. 81
EMERGENCY RELIEF FOR DAMAGE CAUSED BY HURRICANE KATRINA
WHEREAS, the Governors of Florida, Mississippi, Alabama, and Louisiana have proclaimed that a State of Emergency and
a State of Disaster exists in these states due to Hurricane Katrina and thereby, have requested that States, through which property
carrying vehicles regulated by size and weight laws, allow exemptions of said laws when vehicles traveling through such states are
bearing equipment and supplies to provide relief to the disaster stricken areas in the above States; and;
WHEREAS, under the provisions of N.C.G.S. §§166A-4 and 166A-6(c)(3), the Governor of North Carolina, with the
concurrence of the Council of State, may regulate and control the flow of vehicular traffic and the operation of transportation services;
and
WHEREAS, with the concurrence of the Council of State, I have found that vehicles bearing equipment and supplies to
relieve Florida, Mississippi, Alabama, and Louisiana’s grief stricken areas must adhere to the registration requirements of N.C.G.S.
§20-86.1 and N.C.G.S. §20-382, fuel tax requirements of N.C.G.S. §105-449.47, and the size and weight requirements of N.C.G.S.
§20-116 and N.C.G.S. §20-118. I have further found that citizens in those states have suffered losses and the imminent threat of
further widespread damage within the meaning of N.C.G.S. §166-A-4(3) will occur;
NOW, THEREFORE, pursuant to the authority vested in me as Governor by the Constitution and the laws of the State of
North Carolina, and with the concurrence of the Council of State, IT IS ORDERED;
Section 1. The Department of Crime Control and Public Safety in conjunction with the N.C. Department of
Transportation shall waive certain size and weight restrictions and penalties therefore arising under N.C.G.S. §20-116 and N.C.G.S.
§20-118 and certain registration requirements and penalties therefore arising under N.C.G.S. §§20-86.1, 20-382, 105-449.47, 105-
449.49 for the vehicles transporting food, fuel, equipment, and supplies along North Carolina’s interstate roadways en route to Florida,
Mississippi, Alabama, and Louisiana’s grief stricken areas.
Section 2. Notwithstanding the waivers set forth above, size and weight restrictions and penalties have not been
waived under the following conditions:
(A) When the vehicle weight exceeds the maximum gross weight criteria established by the manufacturer (GVWR) or
90,000 pounds gross weight, whichever is less.
(B) When the tandem axle weight exceeds 42,000 pounds and the single axle weight exceeds 22,000 pounds.
(C) When a vehicle/vehicle combination exceeds 12 feet in width and a total overall vehicle combination length 75 feet
from bumper to bumper.
Section 3. Vehicles referenced under Section 1 shall be exempt from the following registration and fee requirements:
(A) The $50.00 fee listed in N.C.G.S. §105-449.49 for a temporary trip permit is waived for the vehicles described
above. No quarterly fuel tax is required because the exception in N.C.G.S. §105-449.45(a)(1) applies.
(B) The registration requirements under N.C.G.S. §20-382 concerning intrastate and interstate for-hire authority is
waived; however, vehicles shall maintain the required limits of insurance as required.
(C) Non-participants in North Carolina’s International Registration Plan will be permitted into North Carolina in
accordance with the exemptions identified by this Executive Order.
(D) The fees listed in N.C.G.S. §20-119 for an annual permit and a single trip permit to transport mobile homes only
applies to mobile homes being transported under contract with the Federal Emergency Management Agency
(FEMA) as part of the disaster relief effort. Transporters moving mobile homes under this section are exempted
from the requirement to enter Weigh Stations as required under N.C.G.S. §20-118.1. However, these same
transporters shall have in the transport vehicle a copy of the Transport Authorization letter from FEMA, the annual
permit from the North Carolina Department of Transportation, and the manufacturer’s bill of laden for the mobile
home being transported. This does not exempt transporters from the requirements of the regulations regarding
escorts, flags, signs, and other safety requirements. Movement of mobile homes required to obtain a permit shall be
granted travel from sunrise to sunset seven (7) days a week.
(E) The requirement of a permit and travel restrictions shall be waived for transporters moving mobile homes that do not
exceed 14’ wide and/or 14’ high being transported under contract with the Federal Emergency Management Agency
EXECUTIVE ORDERS
20:07 NORTH CAROLINA REGISTER October 3, 2005
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(FEMA) as part of the disaster relief effort. Transporters operating under this exemption shall be allowed travel on
interstate routes 24 hours a day seven days a week. However, transporters moving mobile homes not exceeding 14’
wide and/or 14’ high are required to have escort vehicles as would be required under normal conditions.
Transporters moving mobile homes under this section are exempted from the requirement to enter Weigh Stations as
required under N.C.G.S. §20-118.1. However, these same transporters shall have in the transport vehicle a copy of
the Transport Authorization letter from FEMA and the manufacturer’s bill of laden for the mobile home being
transported. This does not exempt transporters from the requirements of the regulations regarding escorts, flags,
signs, and other safety requirements.
Section 4. The size and weight exemption for vehicles will be allowed on all North Carolina interstate highways only.
Section 5. The waiver of regulations under 49 CFR (Federal Motor Carrier Safety Regulations) issued by the states of
Florida, Mississippi, Alabama, and Louisiana does not apply to the CDL and Insurance Requirements. This waiver shall be in effect
for 60 days or the duration of the emergency, whichever is less.
Section 6. The North Carolina State Highway Patrol shall enforce the conditions set forth in Sections 1, 2, and 3 in
such a manner, as to best accomplish the implementation of this rule without endangering the motoring public in North Carolina.
Section 7. Upon request, exempted vehicles will be required to produce identification sufficient to establish that its
load will be used for emergency relief efforts associated with Hurricane Katrina.
This executive order is effective immediately and shall remain in effect for ninety (90) days or the duration of the emergency
whichever is less.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Great Seal of the State of North Carolina at the
Capitol in Raleigh, this the 8th day of September 2005.
__________________________________________
Michael F. Easley
Governor
ATTEST:
__________________________________________
Elaine F. Marshall
Secretary of State
EXECUTIVE ORDERS
20:07 NORTH CAROLINA REGISTER October 3, 2005
443
EXECUTIVE ORDER NO. 88
PROCLAMATION OF STATE OF EMERGENCY
DUE TO HURRICANE OPHELIA
WHEREAS, I have determined that a state of emergency, as defined in N.C.G.S.§§ 166A-5 and 14-288.1(10), exists in the
State of North Carolina, due to the approach and proximity of Hurricane Ophelia, which began on September 10, 2005.
NOW, THEREFORE, pursuant to the authority vested in me as Governor by the Constitution and the laws of the State of
North Carolina, IT IS ORDERED:
Section 1. Pursuant to N.C.G.S.§§ 166A-5 and 14-288.15, I, therefore, proclaim the existence of a state of emergency in the
State.
Section 2. I hereby order all state and local government entities and agencies to cooperate in the implementation of the
provisions of this proclamation and the provisions of the North Carolina Emergency Operations Plan.
Section 3. I hereby delegate to Bryan E. Beatty, Secretary of Crime Control and Public Safety, and/or his designee, all
power and authority granted to me and required of me by Chapter 166A, and Article 36A of Chapter 14 of the North Carolina General
Statutes for the purpose of implementing the said Emergency Operations Plan and to take such further action as is necessary to
promote and secure the safety and protection of the populace in the State.
Section 4. Further, Bryan E. Beatty, Secretary of Crime Control and Public Safety, as chief coordinating officer for the State
of North Carolina, shall exercise the powers prescribed in N.C.G.S.§ 143B-476.
Section 5. I hereby order this proclamation: (a) to be distributed to the news media and other organizations calculated to
bring its contents to the attention of the general public; (b) unless the circumstances of the state of emergency prevent or impede, to
be promptly filed with the Secretary of Crime Control and Public Safety, the Secretary of State, and the clerks of superior court in the
counties to which it applies; and, (c) to be distributed to others as necessary to assure proper implementation of this proclamation.
Section 6. This proclamation shall become effective immediately and shall continue until it is terminated in writing.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Great Seal of the State of North Carolina at the
Capitol in Raleigh this 10th day of September 2005
______________________________
MICHAEL F. EASLEY
GOVERNOR
ATTEST:
______________________________
ELAINE F. MARSHALL
SECRETARY OF STATE
EXECUTIVE ORDERS
20:07 NORTH CAROLINA REGISTER October 3, 2005
444
EXECUTIVE ORDER NO. 89
REPLACING EXECUTIVE ORDER NO. 52 CONCERNING
FOOD SAFETY AND DEFENSE TASK FORCE
By the authority vested in me as Governor by the Constitution and laws of the State of North Carolina, IT IS ORDERED:
Section 1. Establishment.
The North Carolina Food Safety and Defense Task Force (formerly known as the “North Carolina Food Safety and Security Task
Force") is hereby established.
Section 2. Purpose.
The purpose of the Task Force is to coordinate interagency and public-private efforts to enhance protection of the State's food
supply system and its agricultural industry.
Section 3. Membership.
The Task Force shall consist of the following members, or their designees:
(1) the Commissioner of Agriculture,
(2) the Secretary of Environment and Natural Resources,
(3) the Secretary of Health and Human Services,
(4) the Secretary of Crime Control and Public Safety,
(5) the Chancellor of North Carolina State University,
(6) the Chancellor of University of North Carolina at Chapel Hill, and
(7) representatives of other government agencies, private industry, and other public members invited to participate by the Task
Force. The Commissioner of Agriculture and the Secretary of Health and Human Services shall serve as co-chairs of the
Task Force.
Section 4. Duties.
The North Carolina Food Safety and Defense Task Force shall:
(1) Partnering with state and federal agencies to conduct focused studies of the vulnerability of the State's food system to
criminal and terrorist acts and make recommendations for
a. improving safety and security of the food supply system,
b. reducing terrorism threat measures,
c. improving food safety and defense mitigation and response plans, and
d. training for key stakeholders in the State's food supply system.
(2) Recommending legislation needed to improve the ability of State departments and agencies to protect the safety and
defense of the State's food supply and the agricultural industry base, including legislation to protect sensitive and
proprietary information of the State's food supply system, safety and defense vulnerability information, and defense plans,
that, if compromised, would heighten the exposure of the State's food supply system to criminal or terrorist acts.
(3) Recommending budget, staffing, and resource adjustments necessary to improve the capability of State departments and
agencies to protect the safety and defense of the State's food supply system and agricultural industrial base.
Section 5. Reporting.
The Food Safety and Defense Task Force shall prepare an annual report no later than the 15th of December each year. This report
shall include any recommendations, including proposed legislation, for changes in laws, rules, and programs that the Task Force determines
to be appropriate to enhance food safety and defense in the State.
Section 6. Funding.
The Office of State Budget and Management shall assist the Task Force in its efforts to obtain State and Federal funding necessary
to carry out its duties.
Section 7. Other Executive Orders
All other executive orders or portions of executive orders inconsistent herewith are hereby rescinded. This order specifically
replaces Executive Order No. 52 dated September 12, 2003.
The executive order shall be effective immediately and shall remain in effect until rescinded.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Great Seal of the State of North Carolina at the Capitol in
Raleigh, this the 12th day of September 2005.
__________________________________________
Michael F. Easley
Governor
ATTEST: __________________________________________
Elaine F. Marshall
Secretary of State
PROPOSED RULES
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445
Note from the Codifier: The notices published in this Section of the NC Register include the text of proposed rules. The agency
must accept comments on the proposed rule(s) for at least 60 days from the publication date, or until the public hearing, or a
later date if specified in the notice by the agency. If the agency adopts a rule that differs substantially from a prior published
notice, the agency must publish the text of the proposed different rule and accept comment on the proposed different rule for 60
days.
Statutory reference: G.S. 150B-21.2.
TITLE 01– DEPARTMENT OF ADMINISTRATION
Notice is hereby given in accordance with G.S. 150B-21.2 that
the Department of Administration intends to amend the rules
cited as 01 NCAC 35 .0103, .0201-.0205, .0301-.0302, .0304-
.0305, .0307.
Proposed Effective Date: February 1, 2006
Instructions on How to Demand a Public Hearing: (must be
requested in writing within 15 days of notice): Requests for
Public Hearing should be sent in writing to T. Brooks Skinner,
Jr., General Counsel, NC Dept. of Administration, 1301 MSC,
Raleigh, NC 27699-1301.
Reason for Proposed Action: The SECC Advisory Committee
has recently made changes to the structure and organization of
the State Employees Combined Campaign. The Committee has
also identified pertinent eligibility criteria for charitable
organizations to ensure compliance with the Patriot Act.
Various technical changes are also included.
Procedure by which a person can object to the agency on a
proposed rule: Objections should be directed in writing to
Sandra Johnson, Executive Director, State Employees Combined
Campaign, 5699 Mail Service Center, Raleigh, NC 27699-5699.
Written comments may be submitted to: Sandra Johnson,
Executive Director, 5699 Mail Service Center, Raleigh, NC
27699-5699, phone (919)821-2886.
Comment period ends: December 02, 2006
Procedure for Subjecting a Proposed Rule to Legislative
Review: If an objection is not resolved prior to the adoption of
the rule, a person may also submit written objections to the
Rules Review Commission. If the Rules Review Commission
receives written and signed objections in accordance with G.S.
150B-21.3(b2) from 10 or more persons clearly requesting
review by the legislature and the Rules Review Commission
approves the rule, the rule will become effective as provided in
G.S. 150B-21.3(b1). The Commission will receive written
objections until 5:00 p.m. on the day following the day the
Commission approves the rule. The Commission will receive
those objections by mail, delivery service, hand delivery, or
facsimile transmission. If you have any further questions
concerning the submission of objections to the Commission,
please call a Commission staff attorney at 919-733-2721.
Fiscal Impact
State
Local
Substantive (>$3,000,000)
None
CHAPTER 35 - STATE EMPLOYEES COMBINED
CAMPAIGN
SECTION .0100 - PURPOSE AND ORGANIZATION
01 NCAC 35 .0103 ORGANIZATION OF THE
CAMPAIGN
The State Employees Combined Campaign is organized as
follows:
(1) Chair. Each year the Governor shall appoint
the Statewide Combined Campaign Chair "or
Statewide Campaign Chair" from one of the
Executive Cabinet, Council of State, System of
Community Colleges, or University
Administration agencies. The Statewide
Campaign Chair shall serve as director of the
campaign. The responsibilities of the Chair
include enlisting the support and cooperation
of the head of each state department and
university in coordinating an effective
campaign, promoting the participation of state
employees, setting the dates of and approving
the published materials for the Combined
Campaign, contracting for the selection of the
Statewide Campaign Organization as set out in
these rules, and appointing members to and
serving as chair of the SECC Advisory
Committee. For the purposes of selecting the
Statewide Campaign Organization, the
Statewide Campaign Chair shall consider the
following criteria:
(a) The organization must shall have
ability to manage a state-wide fund-raising
campaign.
(b) The organization must have the
ability and willingness to work with a
statewide system of local
organizations capable of managing
local combined campaigns.
(c)(b) The organization must shall have an
audit to demonstrate financial
accountability.
(d)(c) The organization must shall be a tax-exempt
organization under the
Internal Revenue Code.
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20:07 NORTH CAROLINA REGISTER October 3, 2005
446
(e)(d) The organization shall verify a bond
or proof of insurance in an amount
that covers the total amount of
designated and undesignated funds to
be allocated to each of the respective
member agencies.
(e) The organization shall agree to
comply with the terms of the
State/Statewide Campaign
Organization contract as determined
in Item (4) of this Rule.
(2) SECC Advisory Committee. This committee
serves as an application point for all charitable
organizations applying to participate in the
SECC. The duties of the SECC Advisory
Committee include the following:
(a) The committee shall recommend
policy for the campaign to the
Governor, the Statewide Campaign
Chair, and state agencies and shall
recommend the criteria for
participation by charitable
organizations. The committee shall
review the recommendations made by
the Statewide Campaign Organization
and shall accept or reject its
recommendations. Prior to each year's
campaign, the SECC Advisory
Committee shall approve a budget to
cover all of its costs related to the
campaign and shall develop an annual
work plan.
(b) The committee shall be composed of
at least 20 state employee members
appointed by the Statewide Campaign
Chair. Members shall serve four-year
staggered terms. If a vacancy occurs,
the Statewide Campaign Chair shall
appoint a replacement to fill the
unexpired term. No member shall
serve more than two consecutive
terms of four years.
(c) The SECC Advisory Committee shall
meet at the discretion of the
Statewide Campaign Chair; however,
no fewer than four meetings per year
will shall be held. The SECC
Advisory Committee shall conduct
business only when a quorum of one-third
of the committee membership,
including the Statewide Campaign
Chair or his designee is present.
(d) Any State employee who serves on
the SECC Advisory Committee shall
not participate in any decision where
that employee may have a conflict of
interest or the appearance of a
conflict of interest, either of a
personal nature or with regard to the
agency in which the employee works.
Any SECC Advisory Committee
member who is also a member of a
charitable organization's board shall
recuse himself from taking part in
deliberation or voting on matters by
which that charitable organization
may be impacted.
(3) Statewide Campaign Organization. The
Statewide Campaign Organization shall be
selected by the Statewide Campaign Chair.
The entity selected to manage the campaign
shall conduct its own organization operations
separately from duties performed as the
Statewide Campaign Organization. The duties
of the Statewide Campaign Organization
include the following:
(a) serving as the financial administrator
of the SECC;
(b) determining if the applicant agencies
meet the requirements of Rule .0202
of this Chapter;
(c) submitting to the Statewide
Campaign Chair a list of
organizations to serve as Local
Campaign Organizations;
(d)(c) providing centralized pledge
processing services in order to
process all pledge forms of state
employees;
(e)(d) compiling reports for the SECC
Advisory Committee and notifying
federations and independent agencies
no later than March 1 following the
close of the campaign on December 1
of the amounts designated to them
and their member agencies and of the
amounts of the undesignated funds
allocated to them;
(f)(e) transmitting quarterly to each
federation and independent agency its
share of the state employee's funds.
When the total contribution for any
federation or independent agency is
two hundred fifty dollars ($250.00) or
less, the SECC Advisory Committee
may direct the contributions be made
in a lump sum the first quarter to the
recipient federation or independent
agency. Interest earnings shall be
disbursed to each participating
federation and independent agency
based on its proportionate share of the
campaign's total gross contributions if
an interest bearing account is
established. Undesignated funds
shall be distributed in accordance
with the rules in this Chapter;
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20:07 NORTH CAROLINA REGISTER October 3, 2005
447
(g)(f) printing and distributing the pledge
form, the campaign report form and
collection envelopes to the Local
Campaign Organizations; state
departments and universities;
(g) collecting pledge reports and
envelopes from state department and
university volunteers;
(h) maintaining an accounting of all
funds raised and submitting an
interim unaudited audited end-of-campaign
report of the following:
(i) amounts contributed and
pledged;
(ii) number of contributions; and
(iii) amounts distributed to each
participating agency;
(i) preparing a list of all accepted
organizations and distributing them to
all applicants;
(j) coordinating an annual statewide or
regional training session for Local
Campaign Organizations and state
employee volunteers;
(k) serving as liaison to participating
charitable organizations;
(l) providing staff to administer the
SECC in consultation with SECC
Advisory Committee.
(m) preparing a budget of anticipated
campaign and administrative
expenses for the SECC;
(n) preparing a suggested annual work
plan of goals and objectives for the
SECC;
(o) educating state employees in the
services provided through their
support;
(p) overseeing the operations of the Local
Campaign Organizations to ensure
that they are performing their duties;
(q)(p) deducting, before disbursements are
made, direct costs of operating the
campaign from the gross
contributions and charging each
federation or independent agency its
proportionate share of the campaign's
operational cost as determined in
Subitem (7)(4)(a) of this Rule. The
Statewide Campaign Organization
and each Local Campaign
Organization shall justify the total
actual costs of the campaign, which
shall not exceed 10% 20%
respectively of gross contributions.
(r)(q) maintaining records related to
campaign activities; and
(s)(r) providing such other central
management functions as may be
agreed upon as essential in its
contract with the State Campaign
Chair.
(s) collecting pledge reports and
envelopes from state department and
university volunteers.
(4) Local Campaign Chair. The Governor, if
asked by the local charitable organizations
accepted into the Combined Campaign, may
appoint area representatives from either state
government or the University of North
Carolina system to serve as Local Chairs.
These people shall be responsible for forming
Local Advisory Committees for recruitment of
volunteer state employees, enlisting and
confirming management support,
communicating to area state employees the
Local Chairs' support for and participation in
the campaign, and providing that the local
campaign is conducted pursuant to these rules.
(5) Local Advisory Committees. Each Committee
shall be responsible for the review of prior
local campaign results, the establishment of
local goals as needed, the distribution of any
undesignated funds made available for
distribution, the development of budgets and
campaign plans, the approval of local publicity
materials, the conduct of campaigns and the
recognition of volunteers and contributors.
(a) Each committee shall be composed of
at least 10 state employee members
appointed by Local Campaign Chairs.
Members shall serve four-year
staggered terms. If a vacancy occurs,
the Local Campaign Chair shall
appoint a replacement to fill the
unexpired term. No member shall
serve more than two consecutive
terms of four years.
(b) Each Local Advisory Committee
shall meet at the discretion of the
Local Campaign Chair. The Local
Advisory Committee shall conduct
business only when a quorum of one-third
of the committee membership,
and the Local Campaign Chair or his
designee is present.
(6) The State Campaign Chair shall approve or
reject the State Campaign Organization's
recommendation for Local Campaign
Organization and name an agency as the Local
Campaign Organization. The Local Campaign
Organization must identify itself on all printed
materials as the local SECC organization. The
necessary elements of the Local Campaign
Organization are the following:
(a) Any SECC charitable organization
wishing to be selected as a Local
Campaign Organization shall submit
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20:07 NORTH CAROLINA REGISTER October 3, 2005
448
an application in accordance with the
deadline set by the State Campaign
Chair that includes:
(i) A written campaign plan
sufficient in detail to allow
the SCO to determine if the
applicant could administer
an efficient and effective
Campaign. The campaign
plan must include a
proposed local campaign
budget that details all
estimated costs required to
operate the local campaign.
The budget shall not be
based on the percentage of
funds raised in the local
campaign;
(ii) A statement signed by the
applicant's director or
equivalent pledging to:
(A) administer the local
campaign fairly and
equitably;
(B) conduct local
campaign
operations (such as
training, kick-off
and other events)
separate from the
applicant's non-
SECC operations;
and
(C) abide by the
directions,
decisions and
supervision of the
Statewide
Campaign
Organization,
SECC Advisory
Committee and the
Local Advisory
Committee.
(iii) A statement signed by the
applicant's director or
equivalent acknowledging
that applicant is subject to
the provisions of Title 1,
Chapter 35, North Carolina
Administrative Code, State
Employees Combined
Campaign.
(b) For the purpose of selecting a Local
Campaign Organization, the
Statewide Campaign Chair and
Statewide Campaign Organization
shall consider the following criteria:
(i) whether the local
organization is willing to
conduct a local SECC;
(ii) whether the organization
agrees to comply with the
terms of the State/Local
Organization's contract;
(iii) whether the organization has
community and state
employee support and
volunteer involvement;
(iv) whether the organization has
an ability and history of
managing fund-raising
campaigns that include:
(A) development of
campaign strategy;
(B) development of
campaign materials;
(C) development of
volunteer campaign
structures;
(D) training of
volunteer solicitors;
(E) a financial structure
and resources that
can efficiently
manage, account
for, and disburse
funds;
(F) being a participant
organization of the
campaign;
(G) ability to develop
financial
relationships with a
network of
statewide
organizations so as
to ensure the
orderly transmittal,
disbursement,
accounting of, and
reporting of
donations and
pledges;
(v) whether the organization is
willing and able to provide a
bond, if required, in an
amount satisfactory to the
SECC Advisory Committee
to protect the participant
organizations and
contributors.
(c) Each Local Campaign Organization
shall assist the Local Campaign Chair
and Local Advisory Committee in the
training of volunteers, the ordering
and distribution of campaign
PROPOSED RULES
20:07 NORTH CAROLINA REGISTER October 3, 2005
449
literature, and the collection of pledge
reports and envelopes from the state
agency volunteers.
(7)(4) A three-year contract between the state and the
Statewide Campaign Organization
Organization, and the Statewide and each
Local Campaign Organization, shall be
executed in order to develop an audit trail.
The contracts shall allow a charge for
campaign expenses to be claimed by the
Statewide Campaign Organization and each
Local Organization. All terms and conditions
of these this contract shall be subject to
approval by the Statewide Campaign Chair.
These contracts shall contain the following
terms and conditions.
(a) The Statewide Campaign
Organization and each Local
Campaign Organization shall recover
from gross receipts of the campaign
their its expenses which shall reflect
the actual costs of administering the
campaign. Total Aactual costs of the
campaign to be recovered shall be
documented and shall not exceed
10% 20% of budgeted gross receipts.
The campaign expenses shall be
shared proportionately by all the
recipient organizations reflecting their
percentage share of gross campaign
receipts. No costs associated with the
campaign shall be borne by the State.
All costs shall be borne by the
proceeds from the campaign.
(b) The failure of the Statewide
Campaign Organization or the Local
Campaign Organization to perform
any of its respective responsibilities
listed in this Rule may be grounds for
removal and disqualification by the
Chair to serve in its capacity for one
year. Before deciding on removing
or disqualifying an organization, the
Chair shall give the organization an
opportunity to respond to any
allegations or failure to perform its
responsibilities. The organization
must shall submit its response to the
Chair within 10 days from
notification postmark date. The Chair
shall issue a written determination
based on a review of all of the
information submitted.
(8)(5) Solicitation Campaign Organization. The
campaign shall be divided into no more than
15 local regional administrative regions, and
managed within each state department or
university according to the following structure:
(a) State Department Head or University
Chancellor. The director or
chancellor of each state department or
university shall set the tone and
provide leadership for the campaign
in the following manner: This person
shall ensure that voluntary
fundraising within the department or
university is conducted in accordance
with these Rules, communicate
support for the campaign to all
employees, and appoint Department
Executives and University Chairs
within the agency's or university's
central office.
(b) Department Executives. Executives
or University Chairs. Department
Executives or University Chairs shall
manage the campaign at the agency
or university level. The Department
Executives and University Chairs
shall ensure that personal solicitations
are organized and conducted in
accordance with the procedures set
forth in these rules and shall appoint
local agency coordinators at agency
institutions or local offices and
universities and shall provide
direction and guidance to the local
coordinators.
(c) Local Agency Coordinators. Local
agency coordinators Coordinators
shall be appointed by their respective
Department Executives and
University Chairs and shall manage
the campaign in agency institutions or
local offices and universities. The
local agency coordinators shall
undertake the official campaign
within their agency institution or
local office and university and assist
in setting campaign goals. The local
agency coordinators shall ensure that
personal solicitations are organized
and in accordance with the
procedures set forth in these Rules
and shall work with solicitors.
(d) Local Agency Solicitors. Solicitors
shall work with local agency
coordinators to promote the
campaign. Solicitors shall
communicate the importance of the
campaign to their fellow workers,
encourage participation by payroll
deduction, explain how to designate
gifts and answer questions regarding
the campaign. Solicitors shall
personally solicit employees in their
assigned area, report all pledges and
PROPOSED RULES
20:07 NORTH CAROLINA REGISTER October 3, 2005
450
contributions to the local agency
coordinator and ensure that pledge
forms are distributed, completed and
collected. Solicitors shall also assist
in planning campaign strategies and
events.
Authority G.S. 143-3.3; 143-340(26); 143B-10.
SECTION .0200 - APPLICATION PROCESS
AND SCHEDULE
01 NCAC 35 .0201 APPLICATIONS
(a) To be eligible to participate in the State Employees
Combined Campaign, an organization must shall apply annually
for consideration, either as an independent organization agency
or as a federation.
(b) Independent organizations agencies or federations wishing
to receive an application can do so by making a request in
writing to the Statewide Campaign Organization. Such written
requests may be made by letter, facsimile or email
communication; however, telephone or verbal requests shall not
be honored.
(c) Any independent organization agency or federation which
was eligible to participate in the State Employees Combined
Campaign immediately preceding the campaign for which
application is currently made shall be required to submit to the
Statewide Campaign Organization only its most recent
information, which shall specifically update the requirements of
01 NCAC 35 .0202 and include a completed Certificate of
Compliance.
Authority G.S. 143-3.3; 143-340(26); 143B-10.
01 NCAC 35 .0202 CONTENT OF APPLICATIONS
(a) All organizations seeking inclusion in the State Employees
Combined Campaign submit an application to the state
campaign. The application shall include a completed State
Employees Combined Campaign Certificate of Compliance,
provided by the Statewide Campaign Organization. Included in
or attached to the Certificate of Compliance shall be:
(1) A letter from the board of directors requesting
inclusion in the campaign. The letter shall be
on organization letterhead and signed by a
voting member of the board of directors.
(2) A complete description of services provided;
the service area of the organization; and the
percentage of its total support and revenue that
is allocated to administration and fund-raising
or copies of its annual report, newsletters,
brochures or fact sheets as long as they include
the required information.
(3) The most recent audited financial statement
prepared within the past two three years.
(4) A completed and signed copy of the
organization's IRS 990 form exclusive of other
IRS schedules regardless of whether or not the
IRS requires the organization to file the form,
to indicate program services, administrative
and fund-raising expenses. The form shall be
signed by an authorized agent of the
organization. If the organization is not
required to file the form with the IRS, the
organization shall submit pages one and two of
the completed form with a note at the top of
page one that the document is for SECC
purposes only.
(5) A statement of that assures compliance with
all applicable State and Federal laws. dealing
with employment, board membership and
client services. The policy shall be board
approved, in written form, and available to the
SECC.
(6) A description of the origin, purpose and
structure of the organization or copies copy of
articles of incorporation and bylaws.
(7) A list of the current members of the board,
including their business or home addresses.
(8) A letter from the board of directors certifying
compliance with the eligibility standards listed
in Paragraph (b)(d) of this Rule.
(b) A federation may submit applications on behalf of its
member agencies; however, the application shall include a
completed and signed Certificate of Compliance for each
member agency. If any member agency is new to the federation,
or did not participate in the SECC during the previous year, the
federation shall provide a completed application and sufficient
documentation to show that the member agency is in compliance
with all eligibility criteria. By the submission of such, the
federations shall certify that all of its member agencies comply
with all the SECC rules, unless there are exceptions. If there are
exceptions to the rules, the federations shall disclose such. The
SECC Advisory Committee shall accept or reject the
certifications of the eligibility of the member agencies of the
federations based upon criteria in these rules. If the Committee
requests information supporting a certification of eligibility, that
information shall be furnished promptly. Failure to furnish such
information within 10 days of the notification postmark date
constitutes grounds for the denial of eligibility of that member
agency.
(c) The SECC Advisory Committee may elect to decertify a
federation or independent agency which makes a false
certification, subject to the requirement that any federation or
independent agency that the Committee proposes to decertify
shall be notified by the Statewide Campaign Organization of the
Committee's decision stating the grounds for decertification.
The federation or independent agency may file an appeal to the
Committee within 10 days of the notification postmark date.
False certifications are presumed to be deliberate. The
presumption may be overcome by evidence presented at the
appeal hearing.
(d) Organizations shall meet the following criteria to be
accepted as participants in the Combined Campaign:
(1) Shall be licensed to solicit funds in North
Carolina if a license is required by law and
provide written proof of the same. All
organizations applying as domestic or foreign
nonprofit corporations shall also submit a
PROPOSED RULES
20:07 NORTH CAROLINA REGISTER October 3, 2005
451
certificate of existence (for domestic
corporations) or a certificate of authorization
(for foreign corporations) issued by the office
of the North Carolina Secretary of State
pursuant to G.S. 55A-1-28.
(2) Shall provide written proof of tax exempt
status for both federal income tax under
section 501(c)(3) of the Internal Revenue Code
and state tax purposes under Sections 105-125
and 105-130.11(3), respectively, of the North
Carolina General Statutes, but the organization
shall not be a private foundation as defined in
section 509(a) of the Internal Revenue Code.
Organizations shall certify that contributions
from state employees are tax deductible by the
donor under N.C. and federal law.
(3) Shall prepare and make available to the
general public an audited financial statement
prepared by a CPA within the past two three
years. The SECC Advisory Committee shall
permit organizations with annual budgets of
less than three hundred thousand dollars
($300,000) total support and revenue to submit
an audited financial statement or review
prepared by a CPA. Total support and revenue
is determined by the IRS 990 form covering
the organization's most recent fiscal year
ending not more than two three years prior to
the current year's campaign date. The CPA
opinion rendered on the financial statements
shall be unqualified. The year-end of such
audited financial statement or review shall be
no more than two three years prior to the
current year's campaign date. The SECC
Advisory Committee may grant an exception
to this requirement if an organization has filed
its Articles of Incorporation with the Secretary
of State's Office since March 1 of the
preceding year of the current campaign.
(4) Shall provide a completed and signed copy of
the organization's IRS 990 form exclusive of
other IRS schedules regardless of whether or
not the IRS requires the organization to file the
form, to indicate program services,
administrative and fund-raising expenses. The
form shall be signed by an authorized agent of
the organization. If the organization is not
required to file the form with the IRS, the
organization shall submit pages one and two of
the completed form with a note at the top of
page one that the document is for SECC
purposes only. The IRS 990 form and CPA
audit or review shall cover the same fiscal year
and, if revenue and expenses on the two
documents differ, these amounts shall be
reconciled on an accompanying statement by
the CPA who completed the financial audit or
review. The SECC may reject any application
from an agency organization with fund-raising
and administrative expenses in excess of 25
percent of total revenue, unless the agency
organization demonstrates to the Committee
that its actual expenses for those purposes are
reasonable under all the circumstances of the
case. case and specifies steps the organization
shall take to accomplish a reduction within the
next fiscal year. The percentage shall be
computed from the information on the IRS 990
form by adding the amount spent on
management and general expenses to the
amount spent on fundraising and dividing the
resulting total by total revenue.
(5) Shall certify that all publicity and promotional
activities are truthful and non-deceptive and
that all material provided to the SECC is
truthful, non-deceptive, includes all material
facts, and makes no exaggerated or misleading
claims.
(6) Shall agree to maintain the confidentiality of
the contributor list unless otherwise required
by law.
(7) Shall not permit payments of commissions,
kickbacks, finders fees, percentages, bonuses,
or overrides for fund-raising, and permit no
paid solicitations by a fund-raising consultant
or solicitor in the SECC.
(8) Shall have a written board policy that assures
compliance with all applicable State and
Federal laws. laws. dealing with clients of the
agency, employees of the agency and members
of the governing board. Nothing herein denies
eligibility to any organization which is
otherwise eligible because it is organized by,
on behalf of or to serve persons of a particular
race, color, religion, sex, age, national origin
or physical or mental disability.
(9) Shall provide benefits or services to state
employees or their families within a
solicitation area and be available through a
telephone number to respond to inquiries from
state employees.
However, an international organization which
provides health and welfare services overseas,
whose activities do not require a local
presence and which meet the other eligibility
criteria in these Rules, may be accepted for
participation in the campaign.
(10) Shall not use SECC contributions for lobbying
activities.
(11) Shall have an active board of directors that
contains no less than three persons that meet at
least three times a year. The board of directors
shall maintain records of all decisions made
and these decisions shall be made available for
SECC inspection.
Authority G.S. 143-3.3; 143-340(26); 143B-10.
PROPOSED RULES
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452
01 NCAC 35 .0203 REVIEW AND SCHEDULE
(a) Completed applications must shall be submitted to
postmarked or received by the Statewide Campaign
Organization by February 15 to be included in the following fall
campaign. The SECC Advisory Committee (the "Committee")
shall not consider incomplete applications.
(b) The Statewide Campaign Organization and the Committee
shall review the application materials for accuracy, completeness
and compliance with these rules. The Statewide Campaign
Organization shall report to the Committee its recommendation
on each application within four weeks of the closing deadline.
(c) The Committee may reject an application for failing to meet
any of the criteria outlined in these Rules.
(d) Failure to supply any of the information required by the
application may be judged a failure to comply with the
requirements of public accountability, and the applicant may be
ruled ineligible for inclusion.
(e) The burden of demonstrating eligibility shall rest with the
applicant.
(f) If the due date in Paragraph (a) of this Rule falls on a
Saturday, Sunday or a legal holiday, then the information must
shall be postmarked or received by the Statewide Campaign
Organization or postmarked by the end of the next day which is
not a Saturday, Sunday or a legal holiday.
Authority G.S. 143-3.3; 143-340(26); 143B-10.
01 NCAC 35 .0204 RESPONSE
All applicants shall be notified by the Statewide Campaign
Organization of the Committee's decision within 45 days of the
closing deadline. An applicant who is dissatisfied with the
determination of its application may file an appeal to the State
SECC Advisory Committee within 10 days of the notification
postmark date. An applicant who is dissatisfied with either the
Committee's decision or the appeal determination of the
Committee may commence a contested case by filing a petition
under G.S. 150B-23 within 60 days of notification postmark date
of the Committee's decision.
Authority G.S. 143-3.3; 143-340(26); 143B-10.
01 NCAC 35 .0205 AGREEMENTS
(a) Following acceptance into the SECC, federations and
charitable organization(s) independent agencies shall execute a
contract with the State. The parties shall agree to abide by the
terms and conditions of the rules. The contract shall be signed
by the State Chair, the SECC Executive Director, the
organization's board chair and the organization's chief executive
officer.
(b) Each federation shall be responsible for the accuracy of the
distribution amount to their member agencies. Each federation
shall have a policy to deduct no more than 10% of gross receipts.
Each federation shall justify amounts deducted from their
disbursements to participating agencies based on this policy.
Each federation shall verify a bond or proof of insurance in an
amount that covers the total amount of designated and
undesignated funds to be allocated to each of the respective
member agencies.
(c) Each federation is expected to disburse on the basis of actual
funds received, both designated and undesignated, rather than
the amount pledged. Each federation shall disburse contributions
quarterly to participating member agencies.
(d) The SECC Advisory Committee may discontinue
distribution of funds to any charitable organization(s) that ceases
to comply with the criteria and procedures as set forth in these
Rules. The remainder of the agency funds shall be distributed as
the SECC Advisory Committee may designate.
(e) In the event a federation ceases to comply with the criteria
and procedures as set forth in these Rules, the SECC Advisory
Committee shall distribute the funds contributed to the
federation, designated and undesignated, equally among the
SECC charitable organizations under said federation.
(f) In the event a SECC charitable organization in a federation
ceases to comply with the criteria and procedures as set forth in
these Rules, the SECC Advisory Committee will shall distribute
the funds contributed to that organization, designated and
undesignated, to the federation for distribution in accordance
with federation policy, notwithstanding 01 NCAC 35 .0306(c).
(g) In the event a SECC charitable organization or any of its
directors, officers or employees are the subject of any
investigation or legal proceeding by any federal, state or local
law enforcement authority based upon its charitable solicitation
activities, delivery of program services, or use of funds, the
organization must shall disclose the same to the SECC within 10
days of its learning of the investigation or proceeding. It must
shall also disclose within 10 days the outcome of any such
investigation or proceeding.
Authority G.S. 143-3.3; 143-340(26); 143B-10.
SECTION .0300 - GENERAL PROVISIONS
01 NCAC 35 .0301 OTHER SOLICITATION
PROHIBITED
No charitable organization shall engage in any solicitation
activity independent of the SECC at any state employee work
site. The prohibition does not include Red Cross sponsored
Bloodmobiles or employee association solicitations.
Authority G.S. 143-3.3; 143-340(26); 143B-10.
01 NCAC 35 .0302 COERCIVE ACTIVITIES
PROHIBITED
(a) In order to insure that donations are made on a voluntary
basis, actions that do not allow free choice or that create an
impression of required giving are prohibited. Peer solicitation is
encouraged. Employee gifts shall be kept confidential, unless
otherwise required by law except that employees may have their
designated contributions acknowledged by the recipient
organizations.
(b) All activities of the campaign shall be conducted in a
manner that promotes a unified solicitation on behalf of all
participants. While it is permissible to individually identify,
describe or explain the charitable organizations in the campaign
for informational purposes, no person affiliated with the
campaign shall engage in any campaign activity that is construed
PROPOSED RULES
20:07 NORTH CAROLINA REGISTER October 3, 2005
453
to either advocate or criticize any specific charitable
organization.
(c) The following activities are not permitted:
(1) The providing and using of contributor lists for
purposes other than the collection, forwarding,
and acknowledgement of contributions.
Recipient organizations that receive the names
and addresses of state employees must shall
segregate this information from all other lists
of contributors and use the lists only for
acknowledgement purposes. This segregated
list shall not be sold or released to anyone
outside of the recipient organization. Failure
to protect the integrity of this information may
result in penalties up to expulsion from the
campaign;
(2) The establishment of personal dollar goals or
quotas; and
(3) The developing and using of lists of
non-contributors.
(d) Violations of these Rules by a participant organization may
result in the decertification of the organization. The
organization shall be given notice of and an opportunity to be
heard prior to any action being taken by the Committee. Any
organization that is dissatisfied with the determination of its
decertification may file an appeal to the Committee within 10
days of the notification postmark date. An organization that is
dissatisfied with the appeal determination of the Committee
may commence a contested case by filing a petition under G.S.
150B-23 within 60 days of notification postmark date of the
Committee's decision.
Authority G.S. 143-3.3; 143-340(26); 143B-10.
01 NCAC 35 .0304 METHODS OF GIVING AND
TERMS OF CONTRIBUTION
For purposes of this Chapter, the following definitions apply:
(1) Payment may be made by payroll deduction,
cash, personal check or credit card. If an
employee chooses to use the payroll deduction
method of contributing, he/she must shall
agree to have the deduction continue for one
year with equal amounts deducted from each
check (monthly, semi-monthly or biweekly
depending on the payroll). If the employee
authorizes payroll deduction, the minimum
amount of the deduction is five dollars ($5.00)
per month. All deductions will shall start with
the January payroll and continue through
December. If the employee discontinues
employment, or chooses to discontinue
payment, the state shall not be responsible for
the collection of the unpaid pledge. No
deduction shall be made for any period in
which the employee's net pay, after all legal
and previously authorized deductions, is
insufficient to cover the allotment. No
adjustments shall be made in subsequent
periods to make up for deductions missed. An
employee who wishes to participate in a
subsequent campaign must shall file a new
pledge form valid for the subsequent
campaign.
(2) The State of North Carolina shall provide new
employees the opportunity to contribute to the
SECC when any State or university human
resources office is reviewing the details of
employment with each new employee. There
shall be no implication that a contribution is a
requirement for employment, but material and
an interpretation of the state policy and SECC
shall be provided.
(3) An employee transferred from one state
agency to another must shall request a copy of
the employee's payroll deduction authorization
form from the first state agency and submit the
copy to the second state agency or complete
and submit an additional form if required by
the second state agency.
(4) Temporary, contract and retired state
employees shall be eligible to participate in the
SECC.
Authority G.S. 143-3.3; 143-340(26); 143B-10.
01 NCAC 35 .0305 CAMPAIGN LITERATURE
(a) Each charitable organization accepted as a part of the
campaign:
(1) Shall provide information about its services
including administrative and fund-raising
costs, to the Local Statewide Campaign
Organization for use in the local campaign;
(2) Shall not be listed more than one time in the
campaign literature unless the SECC Advisory
Committee and the Statewide Campaign
Organization, each determines the following:
(A) It is in contributors' interests to more
specifically direct their gifts to
separate geographic locations; and
(B) The organization maintains records
that determine that gifts so designated
to that geographic area accrue only to
the benefit and purposes of the
organization in that designated area;
(b) The State Employees Combined Campaign shall provide a
campaign brochure resource guide designed by the SECC
Advisory Committee and all publicity shall be subject to the
State Chair's approval. Publicity shall not favor one agency or
federation over another.
(c) The State Chair shall approve, prior to distribution, the
content of any campaign pledge or distribution card to ensure
that the information contained is accurate and complies with the
State Controller's requirements for format and substance.
Authority G.S. 143-3.3; 143-340(26); 143B-10.
01 NCAC 35 .0307 DISTRIBUTION OF
UNDESIGNATED FUNDS
PROPOSED RULES
20:07 NORTH CAROLINA REGISTER October 3, 2005
454
Any monies not designated to a particular recipient shall be
deemed as undesignated funds. The local SECC shall
communicate in campaign literature how the undesignated funds
will be allocated in their local campaigns and shall distribute
these funds to approved agencies and federations. Undesignated
funds shall be distributed to approved agencies and federations
based on its percentage of total designated funds during the
current campaign year after actual costs of the campaign are
recovered pursuant to Rule .0103(3)(p) of this Chapter.
Authority G.S. 143-3.3; 143B-10.
TITLE 10A – DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Notice is hereby given in accordance with G.S. 150B-21.2 that
the Child Care Commission intends to adopt the rules cited as
10 NCAC 09 .2817-.2823, amend the rules cited as 10A NCAC
09 .0102, .0304-.0305, .2801-.2810, .2825, and repeal the rules
cited as 10A NCAC 09 .1601-.1604, .1606, .1612-.1613, .1615.
Proposed Effective Date: April 1, 2006
Public Hearing:
Date: November 10, 2005
Time: 11:00 a.m. – 1:00 p.m.
Location: Archives & History/State Library Building
109 East Jones Street, Raleigh, NC
Reason for Proposed Action: The proposed rules in Section
.2800 describe what standards child care providers need to meet
in order to achieve a higher voluntary rated license of 2-5 stars,
based on H707 which was passed during the 2005 Legislative
Session. The new system will go into effect January 2006 for
new licenses and in January 2008 for existing licenses. The
measure of quality for child care centers and family child care
homes will be based on two-components, program standards and
staff education. The minimum compliance history standards will
be raised to 75% based on the previous 18 months record. The
rules that were previously in Section .1600 are proposed to be
moved into Section .2800. These rules deal with earning points
for program standards.
Procedure by which a person can object to the agency on a
proposed rule: Anyone wishing to comment on these proposed
rules or to request copies of the rules should contact Dedra
Alston, Rulemaking Coordinator, NC Division of Child
Development, 2201 Mail Service Center, Raleigh, NC 27699-
2201, at 919-662-4543 or Dedra.Alston@ncmail.net. Written
comments will be accepted through December 2, 2005. Oral
comments may be made during the public hearing. The
Commission Chairperson may impose time limits for oral
remarks.
Written comments may be submitted to: Dedra Alston, 2201
Mail Service Center, Raleigh, NC 27699-2201, phone 919-662-
4543, fax 919-662-4568, email Dedra.Alston@ncmail.net.
Comment period ends: December 2, 2005
Procedure for Subjecting a Proposed Rule to Legislative
Review: If an objection is not resolved prior to the adoption of
the rule, a person may also submit written objections to the
Rules Review Commission. If the Rules Review Commission
receives written and signed objections in accordance with G.S.
150B-21.3(b2) from 10 or more persons clearly requesting
review by the legislature and the Rules Review Commission
approves the rule, the rule will become effective as provided in
G.S. 150B-21.3(b1). The Commission will receive written
objections until 5:00 p.m. on the day following the day the
Commission approves the rule. The Commission will receive
those objections by mail, delivery service, hand delivery, or
facsimile transmission. If you have any further questions
concerning the submission of objections to the Commission,
please call a Commission staff attorney at 919-733-2721.
Fiscal Impact
State
Local
Substantive (>$3,000,000)
None
Rule Recodification Reference Table
10A NCAC 09
Old Rule
Number
New Rule Number/Names
.1601 .2804/Administrative Policies
.1602 .2805/ Operational & personnel policies
.1604 .2809/Space Requirements
.1606 .2810/Ratios for 3 component star license
.1612 .2806/Activities for preschooler
.1613 .2807/Parent Participation
.1615 .2808/Night Care
.2801 Same/Scope
.2802 Same/Application for a Rated License
.2803 Same/Program Standards for a 3 component
license – Centers
.2804 .2811/Education Standards for a 3
component license – Centers
.2805 .2813/Compliance Standards for a 3
component license – Centers
.2806 .2814/Program Standards for a 3 component
license – Homes
.2807 .2815/Education Standards for a 3
component license – Homes
.2808 .2816/Compliance Standards for a 3
component license �� Homes
.2809 .2824/Maintaining a Star License
.2810 .2825/Changing or appealing a star
.2811 .2812/ School Age Only Standards for a 3
component license – centers
PROPOSED RULES
20:07 NORTH CAROLINA REGISTER October 3, 2005
455
NOTE: Adoptions
.2817-.2823 are all new additions (2 component rules) plus
Quality points
NOTE: The following rules in 10A NCAC 09 are to be
recodified without changes or amendments to the current text:
OLD NEW
.2804 .2811
.2805 .2813
.2806 .2814
.2807 .2815
.2808 .2816
.2809 .2824
.2811 .2812
CHAPTER 9 - CHILD CARE RULES
SECTION .0100 - DEFINITIONS
10A NCAC 09 .0102 DEFINITIONS
The terms and phrases used in this Subchapter Chapter shall be
defined as follows except when the content of the rule clearly
requires a different meaning. The definitions prescribed in G.S.
110-86 also apply to these Rules.
(1) "Agency" means Division of Child
Development, Department of Health and
Human Services located at 319 Chapanoke
Road, Suite 120, Raleigh, North Carolina
27603.
(2) "Appellant" means the person or persons who
request a contested case hearing.
(3) "Basic School-Age Care Training" (BSAC
Training) means the seven clock hours of
training developed by the North Carolina State
University Department of 4-H Youth
Development for the Division of Child
Development on the elements of quality
school-age care.
(4) "Child Care Program" means a single center or
home, or a group of centers or homes or both,
which are operated by one owner or
supervised by a common entity.
(5) "Child care provider" as defined by G.S. 110-
90.2 (a) (2) a. and used in Section .2700 of this
Subchapter, Chapter, includes but is not
limited to the following employees who have
contact with the children in a child care
program: facility directors, administrative
staff, teachers, teachers' aides, cooks,
maintenance personnel and drivers.
(6) "Child Development Associate Credential"
means the national early childhood credential
administered by the Council for Early
Childhood Professional Recognition.
(7) "Developmentally appropriate" means suitable
to the chronological age range and
developmental characteristics of a specific
group of children.
(8) "Division" means the Division of Child
Development within the Department of Health
and Human Services.
(9) "Drop-in care" means a child care arrangement
where children attend on an intermittent,
unscheduled basis.
(10) "Early Childhood Environment Rating Scale -
Revised edition" (Harms, Cryer, and Clifford,
1998, published by Teachers College Press,
New York, NY) is the instrument used to
evaluate the quality of care received by a
group of children in a child care center, when
the majority of children in the group are two
and a half years old through five years old, to
achieve three or more through five points for
the program standards of a rated license. This
instrument is incorporated by reference and
includes subsequent editions. Individuals
wishing to purchase a copy may call Teachers
College Press at 1-800-575-6566. The cost of
this scale at the time of rule publication in
August 2002 2005 is twelve dollars and
ninety-five cents ($12.95). fourteen dollars
and ninety-five cents ($14.95). A copy of this
instrument is on file at the Division at the
address given in Item (1) of this Rule and will
be available for public inspection during
regular business hours.
(11) "Family Day Care Rating Scale" (Harms and
Clifford, 1989, published by Teachers College
Press, New York, NY) is the instrument used
to evaluate the quality of care received by
children in family child care homes to achieve
three or more through five points for the
program standards of a rated license. This
instrument is incorporated by reference and
includes subsequent editions. Individuals
wishing to purchase a copy may call Teachers
College Press at 1-800-575-6566. The cost of
this scale at the time of rule publication in
August 2002 2005 is twelve dollars and
ninety-five cents ($12.95). fourteen dollars
and ninety-five cents ($14.95). A copy of this
instrument is on file at the Division at the
address given in Item (1) of this Rule and will
be available for public inspection during
regular business hours.
(12) "Group" means the children assigned to a
specific caregiver, or caregivers, to meet the
staff/child ratios set forth in G.S. 110-91(7)
and this Subchapter, Chapter, using space
which is identifiable for each group.
PROPOSED RULES
20:07 NORTH CAROLINA REGISTER October 3, 2005
456
(13) "Household member" means a person who
resides in a family home as evidenced by
factors including, but not limited to,
maintaining clothing and personal effects at
the household address, receiving mail at the
household address, using identification with
the household address, or eating and sleeping
at the household address on a regular basis.
(14) "Infant/Toddler Environment Rating Scale"
Scale - Revised edition" (Harms, Cryer, and
Clifford, 1990, published by Teachers College
Press, New York, NY) is the instrument used
to evaluate the quality of care received by a
group of children in a child care center, when
the majority of children in the group are
younger than thirty months old, to achieve
three or more through five points for the
program standards of a rated license. This
instrument is incorporated by reference and
includes subsequent editions. Individuals
wishing to purchase a copy may call Teachers
College Press at 1-800-575-6566. The cost of
this scale at the time of rule publication in
August 2002 2005 is twelve dollars and
ninety-five cents ($12.95). fourteen dollars and
ninety-five cents ($14.95). A copy of this
instrument is on file at the Division at the
address given in Item (1) of this Rule and will
be available for public inspection during
regular business hours.
(15) "ITS-SIDS Training" means the Infant/Toddler
Safe Sleep and SIDS Risk Reduction Training
developed by the NC Healthy Start Foundation
for the Division of Child Development for
caregivers of children ages 12 months and
younger.
(16) "Licensee" means the person or entity that is
granted permission by the State of North
Carolina to operate a child care facility.
(17) "North Carolina Early Childhood Credential"
means the state early childhood credential that
is based on completion of coursework and
standards found in the North Carolina Early
Childhood Instructor Manual. These standards
are incorporated by reference and include
subsequent amendments. A copy of the North
Carolina Early Childhood Credential
requirements is on file at the Division at the
address given in Item (1) of this Rule and will
be available for public inspection or copying at
no charge during regular business hours.
(18) "Operator" means the person or entity held
legally responsible for the child care business.
The terms "operator", "sponsor" or "licensee"
may be used interchangeably.
(19) "Owner" means any person with a five percent
or greater equity interest in a child care
facility, whether that interest is held directly or
through a trust, estate, partnership,
corporation, joint stock company, consortium,
or any other group, entity, organization or
association.
(20) "Parent" means a child’s parent, legal
guardian, or full-time custodian.
(21) "Part-time care" means a child care
arrangement where children attend on a
regular schedule but less than a full-time basis.
(22) "Passageway" means a hall or corridor.
(23) "Person, as used in the definition of "owner" in
Item (19) of this Rule, means any individual,
trust, estate, partnership, corporation, joint
stock company, consortium, or any other
group, entity, organization, or association."
(24) "Preschooler" or "preschool-aged child" means
any child who does not fit the definition of
school-aged child in this Rule.
(25) "School-Age Care Environment Rating Scale"
(Harms, Jacobs, and White, 1996, published
by Teachers College Press) is the instrument
used to evaluate the quality of care received by
a group of children in a child care center, when
the majority of the children in the group are
older than five years, to achieve three or more
through five points for the program standards
of a rated license. This instrument is
incorporated by reference and includes
subsequent editions. Individuals wishing to
purchase a copy for may call Teachers College
Press at 1-800-575-6566. The cost of this
scale at the time of rule publication in August
2002 2005 is twelve dollars and ninety-five
cents ($12.95). fourteen dollars and ninety-five
cents ($14.95). A copy of this instrument is on
file at the Division at the address given in Item
(1) of this Rule and will be available for public
inspection during regular business hours.
(26) "School-aged child" means any child who is at
least five years old on or before October 16 of
the current school year and who is attending,
or has attended, a public or private grade
school or kindergarten; or any child who is not
at least five years old on or before October 16
of that school year, but has been attending
school during that school year in another state
in accordance with the laws or rules of that
state before moving to and becoming a
resident of North Carolina; or any child who is
at least five years old on or before April 16 of
the current school year, is determined by the
principal of the school to be gifted and mature
enough to justify admission to the school, and
is enrolled no later than the end of the first
month of the school year.
(27) "Seasonal Program" means a recreational
program as set forth in G.S. 110-86(2)(b).
(28) "Section" means Division of Child
Development.
PROPOSED RULES
20:07 NORTH CAROLINA REGISTER October 3, 2005
457
(29) "Substitute" means any person who
temporarily assumes the duties of a staff
person for a time period not to exceed two
consecutive months.
(30) "Temporary care" means any child care
arrangement which provides either drop-in
care or care on a seasonal or other part-time
basis and is required to be regulated pursuant
to G.S. 110-86.
(31) "Volunteer" means a person who works in a
child care facility and is not monetarily
compensated by the facility.
Authority G.S. 110-88; 143B-168.3.
SECTION .0300 - PROCEDURES FOR
OBTAINING A LICENSE
10A NCAC 09 .0304 ON-GOING REQUIREMENTS
FOR A PERMIT
(a) Each operator shall schedule a fire inspection within 12
months of the center's previous fire inspection. The operator is
responsible for notifying the local fire inspector when it is time
for the center's annual fire inspection. The operator shall submit
the original of the completed annual fire inspection report to the
Division's representative within one week of the inspection visit
on the form provided by the Division.
(b) Each center shall be inspected at least annually for
compliance with appropriate sanitation requirements adopted by
the Health Services Commission as described in 15A NCAC
18A .2800.
(c) A new building inspection shall not be required unless the
operator plans to begin using space not previously approved for
child care, has made renovations to the building, has added new
construction, or wants to remove
any restriction related to building codes currently on the permit.
license.
(d) When the Division's representative documents
noncompliance during a visit, the representative may:
(1) Advise the operator to submit written
verification that the noncompliance has been
corrected;
(2) Return to the center for an unannounced visit
at a later date to determine if compliance has
been achieved; or
(3) Recommend issuance of a provisional license
in accordance with Section .0400 of this
Subchapter Chapter or recommend the
revocation of the permit license or
administrative actions in accordance with
Section .2200 of this Subchapter. Chapter.
(e) The Division shall assess the compliance history of a center
by evaluating the violations of requirements that have occurred.
occurred over the previous three years or during the length of
time the center has been operating, whichever is less. Demerits
shall be assigned for each occurrence of violations of these
requirements: supervision of children (6 points), staff/child ratio
(6 points), staff qualifications and training (2-5 points), health
and safety practices (3-6 points), discipline (6 points),
developmentally appropriate activities (2-4 points), adequate
space (6 points), nutrition and feeding practices (1-3 points),
program records (1-3 points), sanitation inspections (6 points),
and transportation (1-3 points), if applicable. The point value of
each demerit shall be based on the potential detriment to the
health and safety of children. A compliance history percentage
shall be calculated each year by subtracting the total number of
demerits from the total demerits possible and converting to a
percentage. The yearly compliance history percentage shall be
averaged over the specified time period as in accordance with
G.S. 110-90(4) three years for the compliance history percentage
referenced in this Rule. A copy of the Division compliance
history score sheet used to calculate the compliance history
percentage is available for review at the address given in Rule
.0102 of this Section.
Authority G.S. 110-88(5); 110-93; 143B-168.3; 150B-3.
10A NCAC 09 .0305 REQUIREMENTS FOR A ONE-STAR
RATED LICENSE FOR A CHILD CARE CENTER
(a) Prior to the issuance of an initial one-star rating, a center
shall comply with all minimum requirements in G.S. 110-91 and
this subchapter Chapter at the time the program is assessed.
(b) To maintain a one-star rated license, a program shall have a
compliance history of 60% or higher as assessed by the Division.
(c) The Division shall assess the compliance history of a center
by evaluating the violations of requirements that have occurred
over the previous three years or during the length of time the
center has been operating, whichever is less. Demerits shall be
assigned for each occurrence of violations of these requirements:
supervision of children (6 points), staff/child ratio (6 points),
staff qualifications and training (2-5 points), health and safety
practices (3-6 points), discipline (6 points), developmentally
appropriate activities (2-4 points), adequate space (6 points),
nutrition and feeding practices (1-3 points), program records (1-
3 points), sanitation inspections (6 points), and transportation (1-
3 points), if applicable. The point value of each demerit shall be
based on the potential detriment to the health and safety of
children. A compliance history percentage shall be calculated
each year by subtracting the total number of demerits from the
total demerits possible and converting to a percentage. The
yearly compliance history percentage shall be averaged over
three years for the compliance history percentage referenced in
this Rule. A copy of the Division compliance history score sheet
used to calculate the compliance history percentage is available
for review at the address given in Rule .0102 of this Section.
(d) A one-star rated license shall be issued to a child care center
that complies with the requirements described in this Rule.
(e) An "A" or "AA" license remains valid until action is taken to
change to a license with a star rating.
(f)(b) Nothing in this Section is to preclude or interfere with
issuance of an administrative action as allowed by G.S. 110 and
this Subchapter. Chapter.
Authority G.S. 110-90; 110-91; 143B-168.3.
SECTION .1600 - REQUIREMENTS FOR VOLUNTARY
ENHANCED PROGRAM STANDARDS
PROPOSED RULES
20:07 NORTH CAROLINA REGISTER October 3, 2005
458
NOTE: Pursuant to G.S. 150B-21.17, the Codifier has
determined that publication of the complete text of the rules
proposed for repeal is impractical. The text of the repealed rules
is accessible on the OAH Website: http//www.ncoah.com.
10A NCAC 09 .1601 ADMINISTRATIVE
POLICES REQUIRED
10A NCAC 09 .1602 OPERATIONAL AND
PERSONNEL POLCIES
10A NCAC 09 .1604 SPACE
REQUIREMENTS
10A NCAC 09 .1606 STAFF/CHILD RATIOS
10A NCAC 09 .1612 CAREGIVING ACTIVITIES FOR
PRESCHOOL-AGED CHILDREN
10A NCAC 09 .1613 PARENT
PARTICIPATION
10A NCAC 09 .1615 NIGHT CARE
Authority G.S. 110-88(7); 143B-168.3.
SECTION .2800 - VOLUNTARY RATED LICENSES
10A NCAC 09 .2801 SCOPE
(a) This Section shall apply to all child care facilities that have
achieved a voluntary rated license of two stars or higher or that
apply to be assessed for a voluntary rated license of two stars or
higher.
(b) A child care facility is eligible for a voluntary rated license
of two through five stars.
(c) No requirement in any component of a two-star or higher
rating shall be less than the requirements for a one-star rating
described in G.S. 110-91 and this Subchapter. Chapter. Prior to
issuance of an initial two through five star rating, all minimum
requirements in G.S. 110-91 and this Subchapter Chapter must
be in compliance at the time the program is assessed. The
requirements for a voluntary rated license of two stars or higher
are in addition to the minimum standards found in G.S. 110-91
and this Subchapter. Chapter.
(d) An "A" or "AA" license remains valid until action is taken to
change to a license with a star rating.
(d) Any program operating prior to January 1, 2006 may choose
to be assessed for a star rating as described in Rules .2803-.2816
of this Section until January 1, 2008, or until the operator
requests assessment of their star rating based on Rules .2817 -
.2823 of this Section.
(e) For any program that began operation after January 1, 2006
and applies for a voluntary rated license of two through five
stars, the rating shall be assessed according to Rules .2817 -
.2823 of this Section.
(e)(f) Nothing in this Section is to preclude or interfere with
issuance of an administrative action as allowed by G.S. 110 and
this Subchapter. Chapter.
Authority G.S. 110-88(7); 110-90(4); 143B-168.3.
10A NCAC 09 .2802 APPLICATION FOR A
VOLUNTARY RATED LICENSE
(a) After a licensed child care center or home has been in
operation for a minimum of six consecutive months, the
procedures in this Rule shall apply to request an initial two-through
five-star rated license or to request that a rating be
changed to a two- through five-star rated license.
(b) The operator shall submit a completed application to the
Division for a voluntary rated license on the form provided by
the Division.
(c) An operator may apply for a star rating based on the total
number of points achieved for each component of the voluntary
rated license. license (program standards, education standards,
and compliance history). In order to achieve a two- through
five-star rating, the minimum score achieved must be a least five
four points as follows:
(c) An operator may apply for a star rating based on the total
number of points achieved for each component of the voluntary
rated license. license (program standards, education standards,
and compliance history). In order to achieve a two- through
five-star rating, for a three component license the minimum
score achieved must be a least five points as follows:
TOTAL NUMBER RATING
OF POINTS
5 through 7 Two Stars
8 through 10 Three Stars
11 through 13 Four Stars
14